The Veteran's claim for higher initial disability ratings for a lumbar spine disability is being remanded due to the inadequacy of previous VA examinations that did not consider functional limitations during flare-ups. Additional medical records and another VA examination are needed.
The deciding factor: Previous VA examinations failed to address functional limitations during flare-ups, which may affect the Veteran's claim for higher disability ratings.
- Claimed conditions
- Degenerative Joint Disease (Lumbar Spine)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2019
- Citation
- 19182473
Veterans Law Judge
Decisions by this judge: 2,200 · Granted: 43% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 19182473.
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.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, and an increased rating for other specified trauma- and stressor-related disorder. The Veteran's claims for service connection for degenerative joint disease of multiple joints were remanded.
- Denied
The Veteran's service-connected disabilities did not render her unable to obtain or maintain gainful employment until December 22, 2011. The Board denied entitlement to TDIU for the periods specified.
- Remanded (sent back)
The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims for service connection and increased rating, including obtaining missing service treatment records and conducting appropriate VA examinations.
- Remanded (sent back)
The Board has remanded the case for a VA examination to assess whether all service-connected disabilities, including PTSD, bilateral knee and shoulder conditions, neuropathy, diabetes mellitus, and low back pain, warrant the need for aid and attendance.
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