The Board has remanded the case due to an unresolved claim of clear and unmistakable error (CUE) in a previous rating decision, which is necessary before considering the earlier effective date for the lumbosacral spine disability.
The deciding factor: The CUE claim is inextricably intertwined with the earlier effective date claim because finality presumes the absence of CUE.
- Claimed conditions
- lumbosacral spine injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 13, 2019
- Citation
- 19162804
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (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 19162804.
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.
- Denied
The Veteran's claim for an initial rating of 20 percent for residuals of a lumbosacral spine injury is denied.,The Veteran's request for an effective date prior to December 13, 2010, for a 20 percent rating for residuals of a lumbosacral spine injury is also denied.
- Denied
The Veteran's claims for increased ratings and TDIU were denied. The Board found that the January 2014 VA examination was inadequate, and remanded to obtain additional records and an updated examination.
- Denied
The Veteran's lumbosacral spine injury residuals do not result in ankylosis of the spine, and radiculopathy is not etiologically related to his service-connected disability. As a result, he does not meet the criteria for a rating in excess of 40 percent.
- Remanded (sent back)
The Board has ordered a new VA examination to assess the current severity of the veteran's service-connected lumbosacral spine injury, and instructed the RO to obtain any additional evidence from the veteran. The case is remanded for further development.
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