The Veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbosacral spine is being remanded due to the need for a more contemporaneous VA examination.
The deciding factor: The Veteran has not been afforded a recent VA examination to assess the current severity and extent of his lumbar spine disability, which is necessary for an accurate rating determination.
- Claimed conditions
- Degenerative disc disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2019
- Citation
- 19105957
Veterans Law Judge
Decisions by this judge: 2,240 · Granted: 28% (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 19105957.
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 Veteran's claims for increased ratings for left ankle and lumbosacral spine disabilities were denied as the evidence did not meet the criteria for higher disability ratings under applicable VA rating criteria.
- Granted
The Veteran's lumbar spine disability is rated at a 40 percent evaluation, effective from the date of the May 2013 rating decision.
- Denied
The Board denied the Veteran's claim for TDIU as his service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment.
- Remanded (sent back)
The Board remands the claim for a retrospective medical opinion to assess the severity and manifestations of the Veteran's service-connected lumbosacral spine disability.
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