Veterans’ RightsAn independent resource for veterans
← All decisions
Remanded (sent back)

The Board has determined that the reduction of the Veteran’s 40 percent rating for a lumbar spine disability from April 11, 2016, to October 10, 2018, was improper and the 40 percent rating should be restored. The case is being remanded to obtain additional medical records and issue a supplemental statement of the case.

The deciding factor: The evidence did not show an improvement in the Veteran’s lumbar spine disability during the period under appeal.

Claimed conditions
lumbar spine disability, right lower extremity lumbar radiculopathy
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
40%
Decision date
July 11, 2019
Citation
19153715

Veterans Law Judge

THOMAS H. O'SHAY

Decisions by this judge: 2,050 · Granted: 23% (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 19153715.

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.

Free starter guide for your own claim

Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.

We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.

We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.

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