The Board has ordered a remand for further examination to ensure that the examinations comply with specific regulations regarding testing and flare-ups. The Veteran's claim for an increased rating remains on appeal.
The deciding factor: The need for a new examination is due to deficiencies in the current medical records and the state of general medical knowledge regarding how to properly assess functional loss during flare-ups.
- Claimed conditions
- lumbar strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102692
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 granted a 20 percent rating for the lumbar spine disorder from May 29, 2019, and denied special monthly compensation based on the need for aid and attendance.
- Remanded (sent back)
The Board remands the claims for lumbar spine disability, prolapse of rectum, and hemorrhoids for additional development before a decision can be made.
- Remanded (sent back)
The appeal is remanded to obtain additional medical opinions regarding the lumbar spine disorder and to address the need for aid and attendance.
- Partly granted
The Board granted ratings for several knee and back conditions, including a 10 percent rating for left knee instability from June 12, 2006, to May 31, 2023, and a 20 percent rating for right sciatic radiculopathy and left sciatic radiculopathy starting January 28, 2025.
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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.