The Board has remanded the case for further development due to a lack of adequate VA examination in connection with the Veteran's claim for increased ratings for his service-connected lumbar spine disability. The Veteran is entitled to an initial evaluation in excess of 10 percent for degenerative disc disease of the lumbar spine prior to October 21, 2014 and on or after that date.
The deciding factor: The VA examination conducted in May 2019 did not satisfy the requirements set forth in Correia v. McDonald (28 Vet. App. 158) as it failed to include joint testing for pain on both active and passive range of motion, as well as with weight-bearing and nonweight-bearing.
- Claimed conditions
- Degenerative 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 15, 2019
- Citation
- 19162997
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 19162997.
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.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
- Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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