The Board has remanded the claims for increased ratings for cervical and lumbar disc diseases, bilateral pes planus, and PTSD due to inadequate examination reports. The Veteran is also required to provide a statement of the case on TDIU.
The deciding factor: The VA examinations were found to be inadequate for rating purposes as they did not address the point at which pain begins or the degree of limitation of motion that was specifically attributable to pain.
- Claimed conditions
- cervical disc disease, lumbar disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2019
- Citation
- 19104787
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.
- Granted
The Board granted service connection for left knee strain, lumbar disc disease, and cervical spine disability based on evidence supporting an in-service onset of symptoms that have continued to the present.
- Remanded (sent back)
The Board remands the Veteran's claims for a higher disability rating for lumbar disc disease due to inadequate medical examinations.
- Remanded (sent back)
The Board remands the claim for service connection for cervical disc disease due to an insufficient VA opinion and a need to obtain additional medical records.
- Remanded (sent back)
The Board remands the claims for a new VA examination to address deficiencies in the previous examination report and to determine the current severity of the Veteran's lumbar disc disease, as well as its impact on his employability.
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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.