The Veteran's claim for a higher rating for his service-connected degenerative joint disease of the lumbar spine is being remanded due to inadequate examination findings. He will need to undergo another VA examination that complies with the requirements set forth in 38 C.F.R. § 4.59.
The deciding factor: The current examination did not comply with the specific requirements outlined in 38 C.F.R. § 4.59, necessitating a new evaluation.
- Claimed conditions
- Degenerative Joint Disease, Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 9, 2018
- Citation
- 18125136
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 18125136.
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 claim for an increased disability rating for his degenerative joint disease, lumbar spine is remanded due to the inadequacy of the August 2020 VA examination report and the need for current range of motion testing that disregards the ameliorative effects of his medications.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection related to degenerative joint disease, lumbar spine, lumbar canal stenosis; right knee condition; left knee condition; right shoulder condition; and neck pain are remanded due to duty-to-assist errors.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings and TDIU due to inadequate medical opinions regarding his back disability, as well as a need for additional information on his unemployability claim.
- Dismissed
The appeal for an increased rating for degenerative joint disease, lumbar spine, is dismissed.
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