The Board has remanded the claims for an increased rating for intervertebral disc syndrome (IVDS) of the lumbar spine and for entitlement to a total disability rating based on individual unemployability (TDIU). The remand is due to inadequate examination findings in the May 2016 VA examination, which failed to provide both active and passive range-of-motion findings as required under 38 C.F.R. § 4.59.
The deciding factor: The Board found that the May 2016 VA examination was inadequate due to its failure to include both active and passive range-of-motion findings in accordance with 38 C.F.R. § 4.59, as established by Correia v. McDonald (2016).
- Claimed conditions
- intervertebral disc syndrome (IVDS) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 6, 2019
- Citation
- 19160904
Veterans Law Judge
Decisions by this judge: 1,861 · Granted: 27% (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 19160904.
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 Veteran's initial claim for an increased rating for his service-connected low back disability (previously rated as degenerative disc disease) was remanded due to a duty-to-assist error in the November 2024 Back Conditions Disability Benefits Questionnaire. The case is now being remanded to obtain retrospective findings from an appropriate clinician to determine the severity of the Veteran's service-connected back disability.
- Granted
The Board granted a 40 percent disability rating for the Veteran's low back disorder, effective March 31, 2019.
- Denied
The Veteran's claim for an earlier effective date for service connection of intervertebral disc syndrome (IVDS) of the lumbar spine was denied. The Board found that there were no unadjudicated applications and that a CUE in the August 2013 rating decision did not warrant an earlier effective date.
- Denied
The Veteran's claim for higher ratings for service-connected intervertebral disc syndrome of the lumbar spine is denied. The current rating of 10 percent remains unchanged.
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