The Board has determined that further development is necessary before a decision on the merits may be made regarding the issues of entitlement to an initial disability rating in excess of 10 percent for lumbar degenerative disc disease and entitlement to an initial disability rating in excess of 10 percent, each, for bilateral lower extremity radiculopathy. The Veteran was last provided a VA examination relating to his low back and lower extremities in February 2013, over six years ago. In the July 2019 appellant's brief, the Veteran’s representative stated that the Veteran’s condition has increased in severity. Therefore, a new VA examination is required so that the current nature and severity of the Veteran’s service-connected disabilities at issue may be determined.
The deciding factor: The Board found that further development was necessary due to the passage of time since the last VA examination and the Veteran's representative's assertion of increased severity in his condition.
- Claimed conditions
- lumbar degenerative disc disease, radiculopathy, left lower extremity, radiculopathy, right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2019
- Citation
- 19166922
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 19166922.
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 Board granted a 40 percent rating for the Veteran's lumbar degenerative disc disease, resolving reasonable doubt in favor of the claimant.
- Remanded (sent back)
The Board remands the claims for a total disability rating based on individual unemployability due to service-connected disabilities and special monthly compensation based on aid and attendance, pending implementation of an earlier effective date for urge incontinence.
- Denied
The Board denied the Veteran's claim for service connection for lumbar degenerative disc disease, finding no evidence of a nexus between the condition and his military service.
- Remanded (sent back)
The Board remands the claims for service connection for obstructive sleep apnea and lumbar degenerative disc disease to allow VA to obtain potentially relevant records from Florida VA facilities and clarify dates and locations of periods of incarceration.
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