The Veteran's claim for an increased rating for his service-connected intervertebral disc syndrome is remanded due to the inadequacy of a previous VA examination. The Veteran needs another examination to assess the current severity of his condition, including during flare-ups.
The deciding factor: The VA examiner did not adequately address the Veteran’s functional loss during flare-ups and failed to provide rationale for the range of motion measurements without considering flare-up scenarios.
- Claimed conditions
- Intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2018
- Citation
- 18154949
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 18154949.
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 claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Denied
The Veteran's claim for a higher rating for intervertebral disc syndrome of the thoracolumbar spine was denied as his disability did not meet the criteria for a rating in excess of 20 percent.
- Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
- Denied
The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of chronicity or continuity of symptomatology since service and concluding that his current disabilities are more likely related to an in-service injury than to his military service.
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