The Board has reopened the claim for service connection for DDD of the spine due to new and material evidence. The case is remanded for a VA examination to determine if the Veteran's back disability is related to his active service, including an in-service injury.
The deciding factor: The claim was previously denied because there was no evidence of a current low back disability at the time of the denial. New evidence has been submitted that raises a reasonable possibility of substantiating the claim.
- Claimed conditions
- Degenerative disc disease (DDD) of the spine, Bilateral lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2019
- Citation
- 19190667
Veterans Law Judge
Decisions by this judge: 1,913 · Granted: 30% (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 19190667.
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
The Veteran's claims for service connection for bilateral lower extremity radiculopathy on the basis of CUE in the February 1996 rating decision have been denied. The May 2022 rating decision is also dismissed as it failed to grant service connection.
- Granted
The Veteran's PTSD is granted as service connection was established based on a diagnosed condition and credible supporting evidence of an in-service stressor.,Service connection for low back disability is granted, with the diagnosis being intervertebral disc degeneration and spinal stenosis of the lumbar region (low back disability).,The Veteran's bilateral lower extremity radiculopathy secondary to his now service-connected low back disability is granted. The link between the two conditions was established by medical evidence.,Service connection for residuals of a head injury, manifested as head pain, memory impairment, loss of balance, and dizziness, is granted based on credible supporting evidence that the claimed in-service stressor occurred.,The Veteran's right foot disability does not meet service connection criteria.
- Dismissed
The Veteran's claim for separate ratings for bilateral lower extremity radiculopathy has been dismissed as the appeal is moot due to the grant of service connection and the subsequent denial of an increased rating.
- Dismissed
The Veteran's appeal was dismissed because the Board Appeal request was not timely filed with respect to the rating decision issued on October 21, 2021.
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.