The Board has remanded the case for a new VA medical opinion regarding additional functional loss with repeated use over time from June 13, 2009, to August 28, 2016. The decision also deferred consideration of whether to refer for an extraschedular rating until after the increased rating issue is adjudicated.
The deciding factor: The Board found that a remand was necessary due to the inadequacy of the June 2015 VA medical examination in providing an opinion on additional functional loss with repeated use over time, which could be speculative without direct observance.
- Claimed conditions
- spondylosis with degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 11, 2018
- Citation
- 18156708
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 18156708.
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 Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional medical opinions. The issues include back disability, bilateral hearing loss, and tinnitus.
- Denied
The Veteran's claim for a rating in excess of 20 percent for his service-connected lumbar spine disability from June 13, 2009 to August 28, 2016 was denied. The Board found that the disability did not meet or approximate the criteria for a higher rating based on limitation of motion and intervertebral disc syndrome with incapacitating episodes.
- Remanded (sent back)
The Veteran's right knee osteoarthritis changes status post arthroscopic repair is rated at 10 percent, and the Veteran has a separate evaluation of 10 percent for right knee instability. The Veteran’s tinnitus is currently evaluated as 10 percent disabling.,For his cervical spine conditions, the Veteran has been granted evaluations in excess of 20 percent from February 5, 2015. His lumbar spine condition remains at a 20 percent evaluation prior to February 5, 2015 and is rated as 40 percent disabling after that date.,The Veteran's progressive muscle atrophy associated with spondylosis with degenerative disc disease of the lumbar spine has been remanded for further review. His sleep apnea remains at a 50 percent evaluation, and his radiculopathy conditions have also been remanded.
- Granted
The Veteran's claim for increased ratings and service connection were granted. The Veteran was assigned a 40% disability rating for the lumbar spine condition effective August 29, 2016, and TDIU was granted from that date.
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