The Board has remanded the case for a new VA examination to determine the current nature and severity of the Veteran's service-connected degenerative disc disease of the lumbar spine, including range of motion testing under 38 C.F.R. § 4.59.
The deciding factor: The previous VA examination did not include joint testing as required by Correia v. McDonald (2016) and 38 C.F.R. § 4.59, which is necessary to assess the Veteran's functional impairment due to pain on use and during flare-ups.
- Claimed conditions
- Degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 25, 2017
- Citation
- 1713428
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. Read the original VA decision (opens in a new tab) using citation 1713428.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.