The Board has remanded the Veteran's claims for increased ratings and service connection due to incomplete compliance with previous remand orders, including the need for new VA examinations.
The deciding factor: Incomplete compliance with previous remand orders necessitates further examination of the Veteran's disabilities.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine, Degenerative Disc Disease (DDD) of the lumbar spine, Radiculopathy of the right lower extremity, Irritable Bowel Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2019
- Citation
- 19125143
Veterans Law Judge
Decisions by this judge: 439 · Granted: 19% (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 19125143.
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 Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Board has decided to remand the case due to a lack of rationale in the VA examiner's opinion and an inconsistency between the examination report and nexus opinion.
- Remanded (sent back)
The Board has determined that there is a need for additional medical examination and opinion to address the Veteran's claim of service connection for a back disability, including DDD of the lumbar spine. The current VA opinions are deemed inadequate due to their failure to consider the Veteran's lay reports of in-service injury and continuous symptomatology since service.
- Granted
The Veteran's irritable bowel syndrome is granted a rating of 30 percent, the maximum schedular rating under Diagnostic Code 7319. Service connection for migraine headaches as secondary to service connected tinnitus and PTSD is also granted.
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