The Veteran's back disability is currently rated at 20 percent, and the Board has remanded to determine if a higher rating is warranted. Additionally, the Veteran claims TDIU based on his service-connected back disability.
The deciding factor: The VA examination report was inadequate as it did not comply with the requirements in Sharp v. Shulkin (2017).
- Claimed conditions
- lumbosacral degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 23, 2019
- Citation
- 19165795
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 19165795.
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.
- Partly granted
The Board denied an initial disability rating in excess of 20 percent for service-connected lumbosacral degenerative disc disease and granted a separate 10 percent disability rating for right lower extremity radiculopathy associated with the same condition.
- Remanded (sent back)
The Board remands the issue of entitlement to an initial disability rating in excess of 20 percent, prior to March 26, 2025, for lumbosacral degenerative disc disease due to insufficient evidence.
- Granted
The Board granted an initial 40 percent disability rating for the Veteran's service-connected right lower extremity sciatic radiculopathy and a TDIU effective April 11, 2023.
- Granted
The Veteran's current diagnoses of lumbosacral degenerative disc disease, spondylosis, and radiculopathy are found to be related to his in-service back injuries. The Board granted service connection for these conditions.
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