The Board has remanded the case due to inadequate reasons and bases with respect to functional loss due to flare-ups of the lumbar spine. The Veteran is scheduled for a VA examination to assess the severity of her lumbar spine disability, including a medical opinion complying with Sharp v. Shulkin.
The deciding factor: The Board found that there were inadequate reasons and bases in the previous rating decision regarding functional loss due to flare-ups of the lumbar spine.
- 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
- April 5, 2019
- Citation
- 19126276
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.
- Partly granted
The Board restored the previous ratings for degenerative disc disease of the lumbar spine with intervertebral disc syndrome and left and right lower extremity radiculopathy, but denied higher ratings for other conditions.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional examinations and to obtain relevant medical records. The issues include increased ratings for lumbar spine DDD with IVDS, right knee degenerative arthritis, and left knee degenerative arthritis.
- Denied
The Veteran's back condition, including IVDS and radiculopathy of the lower extremities, is rated at 40 percent disabling since March 22, 2017. The appeal was denied as his disability does not warrant a higher rating under applicable diagnostic codes.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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