The Veteran's claim for an increased rating in excess of 20 percent for his degenerative joint disease of the lumbar spine at L3 - L5, also claimed as arthritis at L5-L7 is remanded due to a lack of proper opinions from the VA examiner regarding functional impairment during flare-ups and repetitive use.
The deciding factor: The VA examiner did not provide sufficient opinions regarding the Veteran's functional impairment due to flare-ups and repetitive use, which could affect his disability rating.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2019
- Citation
- A19001931
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.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
- Partly granted
The Veteran's GERD was granted a 60 percent disability rating, and the June 15, 2020 VA Form 10182 for service connection claims was accepted as timely due to good cause shown.
- Remanded (sent back)
The Board has ordered additional development to assess the current severity of the Veteran's service-connected back disability, including retrospective opinions and clarification regarding medication effects. The case will be returned for further action.
- Denied
The Board denied service connection for degenerative joint disease of the lumbar spine, sleep apnea, and a compensable evaluation for bilateral hearing loss. The Veteran was granted a total disability rating based upon individual unemployability from September 4, 2013 to February 23, 2014.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.