The Board has determined that the Veteran's claims for an effective date prior to August 4, 2011, service connection for lumbar DDD, and extension of a temporary total evaluation are remanded due to procedural issues. The issue of entitlement to TDIU is also remanded as it is inextricably intertwined with the other claims.
The deciding factor: The Veteran's representative submitted a notice of disagreement regarding the effective date for service connection for lumbar sprain, but the RO did not process it properly. Additionally, there are issues concerning secondary service connection and the extent of disability related to the lumbar sprain that require further examination and opinion.
- Claimed conditions
- lumbar sprain, lumbar degenerative disc disease (DDD)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 6, 2019
- Citation
- 19143970
Veterans Law Judge
Decisions by this judge: 1,429 · Granted: 29% (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 19143970.
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.
- Remanded (sent back)
The Veteran argues that he should have been granted service connection for lumbar sprain and hearing loss as early as 1965 based on his STRs showing these conditions existed in service. The Board finds the RO's failure to adjudicate this CUE claim was an error and remands the matter.
- Denied
The Veteran's claim for service connection for tinnitus has been denied as there is no evidence of a nexus between the condition and his military service.,Service connection for a rating in excess of 10 percent for lumbar DDD has also been denied due to lack of evidence supporting an increase in disability level.
- Dismissed
The Veteran withdrew his appeals for the issues of effective dates and ratings related to lumbar spine strain, Dupuytren's contracture in the left hand with ankylosis, and Dupuytren's contracture in the right hand with osteoarthritis. The Board dismissed these appeals.
- Denied
The Veteran's service-connected back disability was denied an increased rating, with a final rating of 40% since May 2, 2018.
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