The Veteran's claim for higher initial disability ratings for his 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 a new VA examination are needed.
The deciding factor: Previous VA examinations failed to address functional limitations during flare-ups, which may affect the Veteran's disability rating.
- 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
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 claims for increased ratings for his service-connected lumbar spine, cervical spine, and bilateral hearing loss disabilities have been denied. The Board found that the evidence did not meet the criteria for higher ratings under the applicable rating schedules.
- Granted
The Board has determined that the evidence is in equipoise as to whether the Veteran's obstructive sleep apnea is proximately due to or a result of his service-connected degenerative joint disease and cervical spondylosis, thus granting service connection for this condition.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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