The Veteran's claim for an initial rating higher than 10 percent for his service-connected back disability, including degenerative joint and disc disease of the lumbar spine, is being remanded due to a lack of recent examination and potential need for additional private treatment records.
The deciding factor: The most recent VA examination was over four years old, and the Veteran has asserted that his back pain has increased in severity. The Board finds it necessary to obtain a new examination to assess the current severity of the disability.
- Claimed conditions
- Degenerative Joint and Disc Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2019
- Citation
- 19185212
Veterans Law Judge
Decisions by this judge: 3,319 · Granted: 25% (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 19185212.
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
PTSD, a back condition, and flat feet were not granted service connection prior to October 22, 2008.,The Veteran's claims for these conditions were submitted after the one-year period following separation from active duty.
- Denied
The Veteran's lumbar spine disability was granted a 40% rating for the period prior to November 20, 2010. For the period on appeal, his claim for an increased rating was denied.
- Remanded (sent back)
The Veteran's service-connected lumbar spine and bilateral knee disabilities are remanded for further evaluation due to the potential need for surgical intervention.
- Denied
The Veteran's claim for higher ratings for his lumbar spine disability and radiculopathy of the sciatic nerves was denied. The RO assigned a 20 percent rating for degenerative joint and disc disease of the lumbar spine with lumbosacral strain, but denied increased ratings for radiculopathy.
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