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
Veterans Law Judge
Decisions by this judge: 2,036 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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.
- Dismissed
The Veteran's appeal for increased ratings for lumbar strain with degenerative disc disease and bilateral hearing loss has been dismissed as the Veteran requested a withdrawal of his appeal.
- Granted
The Veteran's service-connected disabilities have rendered him unable to dress, undress, bathe, groom himself, prepare meals, and transport himself without the regular aid and attendance of another person. The Board has granted SMC based on the need for aid and attendance since October 10, 2012.
- Granted
The Board has granted the Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance due to service-connected disabilities, including fibromyalgia, depressive disorder with anxiety disorder and alcohol abuse disorder, bilateral carpal tunnel syndrome, left knee ligament tear with degenerative arthritis, lumbar strain with degenerative disc disease, degenerative joint disease of hips and great toes, and right knee patellofemoral pain syndrome.
- 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.
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