The Board has decided to remand the case due to inadequate VA examinations and a need for additional development, including a new examination of the Veteran's low back disability.
The deciding factor: The VA examinations did not comply with the requirements in Sharp v. Shulkin (2017) as they failed to adequately explain why the Veteran’s functional loss during flare-ups could not be estimated based on all the evidence of record and did not elicit information regarding the severity, frequency, and duration of any flare-ups.
- Claimed conditions
- Degenerative joint and disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 13, 2019
- Citation
- 19161826
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 19161826.
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 Board remands the appeal for further development, including verification of periods of service and obtaining additional medical opinions.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and inadequate medical opinion regarding the etiology of the Veteran's lumbar spine disability.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative joint and disc disease of the lumbar spine and scoliosis. The Veteran's current conditions are found to be related to his in-service injury.
- Remanded (sent back)
The Veteran's claims for increased ratings for his service-connected orthopedic conditions are being remanded for a new VA examination to determine the current severity of these disabilities.
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