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.
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
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.
- 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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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.