The Veteran's claim for an initial rating in excess of 10 percent for lumbar intervertebral disc syndrome is remanded, and the effective date for a total disability rating due to individual unemployability prior to July 11, 2017 is denied.
The deciding factor: The VA examination did not discuss the Veteran's radiculopathy and failed to comply with Correia v. McDonald (2016).
- Claimed conditions
- lumbar intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2019
- Citation
- A19003061
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 A19003061.
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 remands the claim for an initial disability rating higher than 40 percent for lumbar intervertebral disc syndrome, degenerative arthritis, degenerative disc disease, spondylosis with moderate-severe foraminal spinal stenosis and scoliosis to obtain a retrospective medical opinion addressing the severity of the Veteran's lumbar spine disability from August 24, 2012, to June 24, 2020.
- Granted
The Board granted a temporary total disability rating (TTDR) for convalescence following the Veteran's March 2022 back surgeries through September 30, 2022.
- Granted
The Veteran is granted special monthly compensation (SMC) at the intermediate rate between 38 U.S.C. § 1114 subsections (l) and (m) due to service-connected disabilities that exceed the requirements for SMC based on regular aid and attendance.
- Denied
The Veteran's service-connected disabilities prior to September 11, 2013 did not meet the schedular criteria for a total disability rating based on individual unemployability. The earlier effective date claim for basic eligibility for dependents' educational assistance benefits was denied as the Veteran did not meet the minimum threshold requirement of having a permanent, total service-connected disability prior to September 11, 2013.
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.