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
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
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