The Board has remanded the Veteran's claims for increased ratings for service-connected Degenerative Disc Disease (DDD) of the cervical and lumbar spine due to insufficient evidence from a previous VA examination, including lack of recent treatment records and an updated clinical evaluation.
The deciding factor: The need for a new VA examination is based on the passage of time since the last examination and the Veteran's reported worsening symptoms.
- Claimed conditions
- Degenerative Disc Disease (DDD), cervical spine, Degenerative Disc Disease (DDD), lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2019
- Citation
- 19145539
Veterans Law Judge
Decisions by this judge: 1,421 · Granted: 31% (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 19145539.
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 Board remands the claims for an increased rating in excess of 20 percent for degenerative disc disease, lumbar spine and an initial rating in excess of 10 percent for right lower extremity sciatic radiculopathy to correct duty to assist errors.
- Remanded (sent back)
The Board has determined that additional development is needed for the issues of spine disability evaluation and TDIU, including a new VA examination to assess the severity of the Veteran's lumbar spine condition.
- Remanded (sent back)
The Board has remanded the case due to unresolved issues regarding the Veteran's service connection for lumbar spine disability, TDIU, and SMC. The claims are pending further development.
- Denied
The Veteran's claim for a higher rating for DDD, lumbar spine was denied as the evidence did not show that his condition warranted a rating in excess of 10 percent prior to April 15, 2004 and 20 percent thereafter.
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