The Board has remanded the case for a retrospective examination to determine the severity of the Veteran's service-connected lumbar spine disorder from April 11, 2006, to January 28, 2014.
The deciding factor: The Board found that the previous examinations did not comply with the requirements set forth in Mitchell v. Shinseki, Correia v. McDonald, and Sharp v. Shulkin, and thus remanded for a new examination.
- Claimed conditions
- Degenerative disc disease (DDD) of the lumbar spine with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 14, 2019
- Citation
- 19111935
Veterans Law Judge
Decisions by this judge: 961 · Granted: 20% (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 19111935.
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 has granted service connection for degenerative disc disease (DDD) of the lumbar spine with intervertebral disc syndrome (IVDS), finding that it was incurred during active military service.
- Remanded (sent back)
The Board has determined that an earlier effective date for the increased evaluation of the Veteran's service-connected lumbar spine disability is not warranted. The issues of service connection for obstructive sleep apnea and hypertension are remanded due to insufficient evidence.
- Dismissed
The Board has dismissed appeals for ratings in excess of 20 percent, 10 percent, and 10 percent for degenerative disc disease (DDD) of the lumbar spine with intervertebral disc syndrome (IVDS), radiculopathy of the left lower extremity (LLE), and radiculopathy of the right lower extremity (RLE) respectively.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining VA and private medical records, scheduling a VA examination to assess occupational impairment due to service-connected disabilities, and clarifying the relevance of the Veteran's participation on a tribal council. The TDIU issue is also being remanded as it is inextricably intertwined with the rating assigned for the Veteran’s service-connected disabilities.
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