The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his back disability and determine if there are any flare-ups that affect his range of motion.
The deciding factor: The previous VA examination did not include passive or non-weightbearing range of motion testing, which is necessary to accurately assess the Veteran's condition. The examiner also could not provide a range-of-motion estimate based on information about flare-ups without resorting to speculation.
- Claimed conditions
- Degenerative joint disease of the lumbar spine with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2017
- Citation
- 1746395
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 1746395.
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.
- Remanded (sent back)
The Veteran's claims for service connection are being remanded due to inadequate medical opinions and the need to verify a claimed stressor.
- Remanded (sent back)
The Veteran's claim for an increased disability rating for his service-connected lumbar spine disability is being remanded due to the need for a VA examination and consideration of functional loss due to pain.
- Denied
The Board has determined that the veteran's service-connected disabilities do not render him unemployable, and thus denied his claim for a total disability rating due to individual unemployability.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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.