The Veteran's appeal is being remanded for additional development, including the need to obtain a retrospective medical opinion regarding his lumbar spine condition from June 18, 2007 and May 14, 2012. The TDIU claim is also being remanded as it has a direct bearing on the lower back claim.
The deciding factor: The Court found that the Veteran's claim for a higher rating for his lumbar spine conditions had been on appeal since at least March 16, 2005 and directed the Board to adjudicate the claim for a rating in excess of 20 percent for his lumbar spine condition for the full period between March 16, 2005 and May 14, 2012.
- Claimed conditions
- Degenerative changes of L5-S1 with spondylosis of the lumbar spine, Posttraumatic stress disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 18, 2016
- Citation
- 1606239
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 1606239.
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 Board denied the Veteran's request for reentrance into a VR&E program and retroactive induction for restoration of Chapter 33 (Post-9/11 GI Bill) educational assistance benefits, finding that his service-connected disabilities did not worsen to the extent that he was precluded from performing the work duties of the occupation for which he previously was found rehabilitated.
- Denied
The Veteran's claim for service connection for major depressive disorder was denied, and her request for an increased rating for PTSD was also denied. The Board found that the Veteran's symptoms did not meet the criteria for a higher disability rating.
- Dismissed
The Board dismissed the appeal as to the proposed rating reduction of posttraumatic stress disorder because the May 20, 2021 rating decision did not effectuate a final and appealable action regarding this claim.
- Dismissed
The Veteran's appeal for an earlier effective date for posttraumatic stress disorder was dismissed due to the Veteran's death.
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