The Board has determined that a new VA examination is necessary to evaluate the Veteran's service-connected low back disability due to inadequate findings in the previous November 2018 VA examination. The issues of higher initial ratings for the Veteran's lumbar strain with intervertebral disc syndrome, disc protrusion L5-S1, degenerative arthritis of the spine, spinal stenosis, and spondylolisthesis are being remanded.
The deciding factor: The November 2018 VA examination is inadequate as it did not comply with the requirements set forth in Sharp v. Shulkin (2017) and Correia v. McDonald (2016).
- Claimed conditions
- chronic lumbar strain with intervertebral disc syndrome, disc protrusion at L5-S1, degenerative arthritis of the spine, spinal stenosis, spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2019
- Citation
- 19104370
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 claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Partly granted
The Board granted service connection for a deviated septum and right wrist pain, while denying service connection for sleep apnea. The decision also addressed various rating issues and effective dates.
- Granted
The Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
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.