The Board has determined that a new VA examination is needed to address the Veteran's low back disability claim, and requests for private treatment records are made. The right knee disability issue requires issuance of a Statement of the Case.
The deciding factor: The claims need further development as per the requirements set forth in the remand instructions.
- Claimed conditions
- Degenerative disc disease (DDD) of the lumbar spine, Herniated disc
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2015
- Citation
- 1553310
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1553310.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's lumbosacral strain with degenerative arthritis, herniated disc, IVDS and spinal stenosis is rated at 40 percent since August 19, 2020. The appeal period did not show unfavorable ankylosis or incapacitating episodes of IVDS.
- Granted
The Veteran's disability ratings for low back disability and right lower extremity radiculopathy have been reduced from 40% and 10%, respectively, to 20% and 0%. The reduction was based on improvements shown in recent VA examinations.
- Denied
The Veteran's claims for earlier effective dates for service connection for bilateral lower extremity radiculopathy were denied. The Board found that no claim was received prior to July 15, 2021 and thus the proper effective date is July 15, 2021.,The Veteran also sought an earlier effective date for his left lower extremity radiculopathy, which was similarly denied.
- Remanded (sent back)
The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine is remanded due to concerns about the adequacy of a previous examination report, which did not include measurements using a goniometer.
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