The Veteran's back disability is currently rated at 20 percent, and the Board has remanded to determine if a higher rating is warranted.
The deciding factor: The VA examiner found that additional functional loss due to flare-ups needs to be assessed for an accurate evaluation of the Veteran’s service-connected back disability.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 8, 2019
- Citation
- 19125762
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 a rating in excess of 10 percent for degenerative joint disease (DJD) of the lumbosacral spine prior to October 29, 2021, and a total disability rating based on individual unemployability due to service-connected disabilities prior to April 25, 2017.
- Partly granted
The Board denied increased ratings for the Veteran's lumbar spine, left lower extremity radiculopathy, and right knee disabilities but granted a 20 percent rating for right lower extremity radiculopathy.
- Remanded (sent back)
The Board has remanded the Veteran's claims for hepatitis C and lower back disability due to inadequate examinations and conflicting medical opinions. The Veteran is seeking service connection for these conditions, which are currently being reviewed.
- Granted
The Veteran's service-connected lumbosacral DJD is rated at 20 percent for the entire period on appeal, considering his symptoms and limitations during flare-ups.
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