The Veteran's claim for an increased evaluation for his lumbar spine disability is being remanded due to the need for a new VA examination.
The deciding factor: The Veteran failed to report to the previously scheduled VA examination, and he has shown good cause. The last examination was conducted in February 2011, which is too remote to constitute a contemporaneous examination.
- Claimed conditions
- osteoarthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2018
- Citation
- 1800545
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 1800545.
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 claims for earlier effective dates for increased ratings and service connection, finding no persuasive evidence that the criteria for increased evaluations were met prior to the respective claim or examination dates.
- Denied
The Board denied service connection for osteoarthritis of the lumbar spine, finding that it is less likely than not related to service and did not onset within a year after separation from service.
- Denied
The Board denied the veteran's claim for an earlier effective date for service connection for adjustment disorder with depressed mood. The decision was based on the lack of new and material evidence within one year of previous denials.
- Remanded (sent back)
The Veteran's lumbar spine disability is rated at 20 percent from December 29, 2020 to August 1, 2022. The Board has remanded the issue of an initial compensable evaluation for bilateral lower extremity radiculopathy. Effective dates have been granted for service connection for bilateral lower extremity radiculopathy and sleep apnea (OSA), but not for tinnitus.
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