The Veteran's appeal for a higher evaluation of his thoracolumbar spine disability is being remanded due to an inadequate VA examination. A new examination must be conducted and the results will determine if the Veteran should receive a higher rating.
The deciding factor: The July 2018 RAMP rating decision was based on an inadequate VA examination, which did not comply with the requirements in Sharp v. Shulkin (2017).
- Claimed conditions
- lumbar strain, degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- A19001705
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.
- Dismissed
The appeal seeking service connection for diabetes mellitus, type II, degenerative arthritis, hyperlipidemia, and hypertension was dismissed due to non-compliance with claims processing rules.
- Remanded (sent back)
The Board remands the case for further development, including obtaining new medical opinions and examination reports to address the issues of service connection and increased ratings.
- Remanded (sent back)
The Board remands the Veteran's claims for increased disability evaluations and TDIU due to missing records.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions to correct pre-decisional duty to assist errors, including obtaining outstanding Social Security Administration records.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.