The Veteran's back disability is remanded for a VA examination to determine the current severity of his service-connected lumbar degenerative joint and disc disease.
The deciding factor: The April 2014 VA examination did not comply with the requirements in Sharp v. Shulkin, as it did not attempt to elicit information regarding the description of the Veteran’s flare-ups and any additional functional loss suffered during flare-ups.
- Claimed conditions
- lumbar degenerative joint and disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 7, 2019
- Citation
- 19144442
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 service connection for cervical and lumbar spine disabilities, finding that there was no evidence of a nexus between his current conditions and military service. The secondary service connection claim for left knee disability-related spinal issues was also denied.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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