The Board has remanded the case for further development, including a new VA examination to assess the severity of the Veteran's lumbar spine degenerative arthritis with IVDS and its impact on his employment. The issues of increased rating and TDIU are inextricably intertwined.
The deciding factor: Further evidence is needed to determine the current severity of the Veteran's back disability, including testing for active motion, passive motion, pain with weight-bearing and without weight-bearing, as well as information regarding flare-ups and repeated use over time.
- Claimed conditions
- lumbar spine degenerative arthritis with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 16, 2019
- Citation
- 19129753
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 the veteran's claims for higher initial ratings for lumbar spine degenerative arthritis with IVDS, right and left lower extremity radiculopathy, and a scar on the lumbar spine.
- Partly granted
The Board denied an initial rating in excess of 10 percent for right lower extremity radiculopathy and remanded the issue of a higher rating for lumbar spine degenerative arthritis with intervertebral disc syndrome (IVDS).
- Dismissed
The Board dismissed the appeal because the rating for lumbar spine degenerative arthritis with IVDS was restored to 20 percent, making the issue moot.
- Granted
The Veteran's claim for a TDIU due to atrial fibrillation, status post cardiac pacemaker, from August 1, 2016, was granted.
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