The Board has remanded the case for further development due to a lack of information regarding functional loss during flare-ups and repeated use over time.
The deciding factor: The examination report does not provide an estimate of functional loss due to flare-ups and/or repeated use over time, as required by the Court's decision in Sharp v. Shulkin.
- Claimed conditions
- Degenerative disc disease (DDD) of the lumbar spine, Intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2019
- Citation
- 19183244
Veterans Law Judge
Decisions by this judge: 1,757 · Granted: 23% (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 19183244.
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.
- Remanded (sent back)
The Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) is being remanded due to an error in the initial decision process. The AOJ needs to provide notice of his right to a hearing before issuing a final decision.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
- Denied
The Veteran's claims for earlier effective dates for service connection for bilateral lower extremity radiculopathy were denied. The Board found that no claim was received prior to July 15, 2021 and thus the proper effective date is July 15, 2021.,The Veteran also sought an earlier effective date for his left lower extremity radiculopathy, which was similarly denied.
- Granted
The Veteran's lumbar spine disability is rated at a 40 percent evaluation, effective from the date of the May 2013 rating decision.
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