The Board has remanded the case due to inconsistencies in the VA examination report and the need for a new evaluation of the Veteran's lumbar spine disability.
The deciding factor: The examination did not comply with the requirements of Correia v. McDonald, which requires range of motion testing on both active and passive motion, in weight-bearing and nonweight-bearing, and with the range of the opposite undamaged joint.
- Claimed conditions
- lumbar herniated nucleus pulposus, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2019
- Citation
- 19184078
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 disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 20 percent for thoracolumbar spine degenerative arthritis and degenerative disc disease, entitlement to TDIU, and special monthly compensation due to the need for additional development.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.