The Veteran's claim for a higher disability evaluation for lumbosacral strain/degenerative arthritis of the spine/disc displacement is being remanded due to new evidence added since the last decision in July 2016. The VA Back (Thoracolumbar Spine) Conditions Examination conducted in March 2019 must be reviewed by the AOJ.
The deciding factor: New and relevant evidence was not considered by the AOJ as it relates to the Veteran's claim of entitlement to a disability evaluation in excess of 20 percent for lumbosacral strain/degenerative arthritis of the spine/disc displacement.
- Claimed conditions
- lumbosacral strain/degenerative arthritis of the spine/disc displacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 20, 2019
- Citation
- 19148321
Veterans Law Judge
Decisions by this judge: 2,374 · Granted: 19% (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 19148321.
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 a 40 percent rating for the Veteran's lumbosacral strain/degenerative arthritis of the spine/disc displacement, effective from the date of the last remand.
- Remanded (sent back)
The Board has determined that additional development is needed for the Veteran's claims of entitlement to a higher evaluation for his back symptomatology and TDIU. The RO must obtain relevant federal records, request SSA disability benefits records, and schedule the Veteran for a VA examination.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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