The Board has remanded the case due to lack of substantial compliance with its February 2017 Remand, which included obtaining a retrospective medical opinion regarding the Veteran's lumbar spine disability prior to December 13, 2013.
The deciding factor: The Court found that the Board did not obtain substantial compliance with the terms of its February 2017 remand, specifically in obtaining a retrospective opinion addressing the ranges of motion and additional functional impairment of the Veteran's service-connected DDD prior to December 13, 2013.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine L5 to S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2018
- Citation
- 18134134
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 18134134.
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 Veteran's lumbar spine disability is currently rated at 60 percent disabling, but the Board finds that there is no evidence of forward flexion limited to 30 degrees or less, even after repetition and during flare-ups; favorable ankylosis; or incapacitating episodes having a total duration of at least 4 weeks over a 12-month period. Therefore, the claim for higher ratings is denied.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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