The Board has remanded the Veteran's claim for an initial disability rating in excess of 20 percent for his service-connected lumbago due to inadequate medical opinions addressing functional loss or additional loss due to flare-ups and repetitive use over time.
The deciding factor: The VA failed to obtain an adequate medical opinion that addressed the Veteran’s history of flare-ups, as required by DeLuca v. Brown (1995) and Correia v. McDonald (2016).
- Claimed conditions
- lumbago
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 26, 2019
- Citation
- 19189561
Veterans Law Judge
Decisions by this judge: 1,071 · Granted: 26% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19189561.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's claims for service connection for various conditions have been denied due to a lack of current diagnoses.,The Veteran has withdrawn her claims for right pretibial edema, hyperlipidemia, hypokalemia, an acquired psychiatric disorder, difficulty swallowing, and left eye cornea scarring.
- Whole decision: Granted
The Board has granted service connection for a lumbar back condition as secondary to the Veteran's service-connected right foot condition.
- Whole decision: Denied
The Veteran's lumbago has been manifested at its worst by forward flexion greater than 30 degrees but not greater than 60 degrees, and no ankylosis or the functional equivalent thereof. The criteria for an initial rating in excess of 20 percent have not been met.
- Whole decision: Denied
The Board denied the Veteran's claim for special monthly compensation based on aid and attendance for his spouse, finding that she did not meet the criteria set forth in 38 C.F.R. § 3.352(a) due to her ability to leave the house with assistance.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.