The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar spine disability and associated radiculopathy of the left and right lower extremities due to a lack of adequate examination reports, including those from June 2009, April 2015, and June 2018. The Board also ordered additional development, including obtaining SSA records and scheduling the Veteran for an updated VA examination.
The deciding factor: The previous VA examinations did not fully comply with the requirements of Correia and Sharp regarding range of motion testing during flare-ups and passive motion.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Left lower extremity radiculopathy associated with service-connected lumbar spine disability, Right lower extremity radiculopathy associated with service-connected lumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 20, 2019
- Citation
- 19164378
Veterans Law Judge
Decisions by this judge: 1,874 · Granted: 33% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19164378.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Whole decision: Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Whole decision: Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Whole decision: Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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