The Board has remanded the Veteran's claim for an increased disability rating for chronic lumbar strain due to inadequate examination reports and failure to address flare-ups during the appeal period.
The deciding factor: The Court found that the Board relied on an inadequate VA examination report, which did not adequately assess additional functional loss during flare-ups. The remand is required to obtain a new VA examination or opinion addressing these issues.
- Claimed conditions
- Chronic Lumbar Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2019
- Citation
- 19101509
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 Board denied the Veteran's claim for entitlement to a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities have not rendered him unable to obtain or perform substantially gainful employment.
- Granted
The Veteran's chronic lumbar strain is now rated at 40 percent effective November 30, 2017. Radiculopathy of the left lower extremity remains rated at 10 percent and radiculopathy of the right lower extremity is rated at 10 percent as of December 16, 2019.
- Denied
The Veteran's claim for increased disability ratings for chronic lumbar strain prior to December 10, 2019 and since that date was denied. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.
- Granted
The Veteran's claim for a higher rating for chronic lumbar strain was denied, but he was granted entitlement to a total disability rating based on individual unemployability (TDIU). The Board found that the evidence did not show forward flexion of the thoracolumbar spine to 30 degrees or less, ankylosis, or IVDS with incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past 12 months.
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.