The Veteran's claim for a higher disability rating for his service-connected arthritis of the lumbar spine is being remanded due to an inadequate VA examination. The case will be reviewed and a new examination conducted.
The deciding factor: The Board found that the January 2017 VA examination report did not comply with the Court’s holding in Sharp v. Shulkin, which requires an adequate explanation for an examiner's inability to estimate motion loss during periods of flare-ups.
- Claimed conditions
- Arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 26, 2019
- Citation
- 19122714
Veterans Law Judge
Decisions by this judge: 439 · Granted: 19% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19122714.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board has determined that the Veteran's arthritis of the lumbar spine was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. Continuity of symptomatology is not established, and the disability is not otherwise etiologically related to an in-service injury or disease.
- Whole decision: Denied
The Veteran's claim for a higher rating for arthritis of the lumbar spine was denied as her disability did not meet the criteria for a higher evaluation under VA's rating schedule.
- Whole decision: Granted
The Board has granted service connection for arthritis of the lumbar spine, right ankle, left ankle, and left foot on a presumptive basis due to continuous symptoms since service separation.
- Whole decision: Dismissed
The Veteran's appeal for service connection for right ear hearing loss was dismissed as untimely. The claim of a higher rating for his lumbar spine disability was denied, and the Veteran was granted a total disability rating based on individual unemployability.
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