The Board has remanded two issues: 1) the Veteran's claim for an increased rating for his DJD of the lumbar spine, and 2) his claim to establish service connection for scoliosis as secondary to his service-connected DJD. The case is being returned to VA for further development.
The deciding factor: The Board found that additional evidence was needed due to the Veteran's inability to understand the scheduling of the examinations and requested another examination.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbar spine, Scoliosis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2019
- Citation
- 19188504
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 19188504.
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.
- Partly granted
The Board granted a higher initial rating of 40 percent for degenerative arthritis, degenerative disc disease, lumbosacral strain, and scoliosis, but remanded the other issues.
- Partly granted
The Board denied increased ratings for the Veteran's degenerative joint disease of the lumbar spine, right and left lower extremity radiculopathy, and depressive disorder. However, it granted a total disability rating based on unemployability (TDIU) and special monthly compensation at the housebound rate.
- Remanded (sent back)
The Board remands the appeal for eligibility under the Department of Veterans Affairs (VA's) Program of Comprehensive Assistance for Family Caregivers to correct an AOJ error in satisfying a regulatory and statutory duty, which has a reasonable possibility of aiding in substantiating the appellant's claim.
- Denied
The Board denied a disability rating in excess of 20 percent for DJD of the lumbar spine from February 25, 2016 to September 15, 2023 and denied a rating in excess of 40 percent from September 16, 2023.
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