The Veteran's claim for an increased disability rating for his lumbar spine herniated disc is remanded due to the need for a VA examination that complies with the applicable law, including Correia v. McDonald and Sharp v. Shulkin.
The deciding factor: The March 2014 VA examination did not include testing for pain during both active and passive motion; weight bearing and non-weight-bearing range of motion as required by CAVC in Sharp and Correia, which is necessary to determine the Veteran's functional loss due to flare-ups.
- Claimed conditions
- lumbar spine herniated disc
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 22, 2019
- Citation
- 19179708
Veterans Law Judge
Decisions by this judge: 2,500 · Granted: 29% (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 19179708.
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: Denied
The Board denied compensation under 38 U.S.C. § 1151 for the Veteran's lumbar spine herniated disc, left lower extremity radiculopathy, and left foot drop due to a delay in VA providing timely neurosurgical care.
- Whole decision: Granted
The Board granted service connection for right hip osteoarthritis, left hip osteoarthritis, lumbar spine herniated disc, and bilateral flat feet (pes planus) as secondary to the Veteran's already service-connected bilateral knee and ankle disabilities.
- Whole decision: Partly granted
The Board granted a separate 10 percent rating for the painful scar of the posterior trunk and remanded claims for increased ratings for lumbar spine herniated disc and right lower extremity radiculopathy.
- Whole decision: Remanded (sent back)
The appeal is remanded to the Agency of Original Jurisdiction for additional development, specifically to determine whether VA medical care or lack thereof resulted in additional disability concerning the Veteran's lower back.
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