The Veteran's current rating for his low back disability is too low, as he reports being unable to perform daily activities and has limitations on standing and walking. The VA examiner found the September 2017 examination inadequate due to lack of range of motion testing.
The deciding factor: The VA examiner found that the September 2017 VA examination was inadequate due to a failure to include range of motion testing, which is necessary for evaluating the Veteran's disability under the rating criteria.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Intervertebral disc syndrome (IVDS), Segmental instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 5, 2019
- Citation
- 19143212
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.
- Granted
The Board granted service connection for degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), and foraminal stenosis based on a finding that these conditions are related to the Veteran's military service.
- Granted
The Board granted service connection for a lumbar spine disability, finding that the Veteran's current degenerative arthritis of the lumbar spine is related to an in-service bicycle accident.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 10 percent for degenerative arthritis of the lumbar spine to correct a duty to assist error.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.