The Board has decided to remand the Veteran's claims for additional development due to lack of recent medical records and examinations.
The deciding factor: The VA examiner did not provide an adequate opinion regarding functional loss during flare-ups or repeated use over time, as required by the Court in Sharp v. Shulkin (2017).
- Claimed conditions
- herniated nucleus pulpous, lumbosacral spine, degenerative disc disease, lumbosacral spine, herniated nucleus pulpous, cervical spine, degenerative disc disease, cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2018
- Citation
- 18100907
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 18100907.
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.
- Granted
The Veteran's current degenerative disc disease of the cervical spine is determined to be a result of his military service, and he is granted entitlement to service connection for this condition.
- Dismissed
The Veteran's appeal for service connection for degenerative disc disease of the cervical spine as secondary to his service-connected spinal fusion is dismissed due to a withdrawal request.
- Remanded (sent back)
The Board remands the issues of an initial rating in excess of 20 percent for lumbar strain with degenerative arthritis and an initial rating in excess of 20 percent for degenerative disc disease, cervical spine prior to December 10, 2014, due to a failure by the VA examiner to provide a retrospective opinion that complies with the Board's remand instructions.
- Partly granted
The Board denied an increased rating for the Veteran's right ankle condition and irritable bowel syndrome, but granted service connection for degenerative disc disease of the cervical spine.
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