The Veteran's claim for an initial disability rating in excess of 10 percent for his service-connected herniated disc of the lumbar spine is being remanded due to a lack of recent VA examination and evidence of worsening symptoms.
The deciding factor: The Veteran presented testimony at a hearing indicating that his lumbar spine disability has worsened since his last VA examination, necessitating a new evaluation.
- Claimed conditions
- herniated disc of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2019
- Citation
- 19191314
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 19191314.
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.
- Remanded (sent back)
The Board remanded the case for further development to obtain a retrospective medical opinion addressing functional loss during flareups and with repeated use over time prior to June 2021, as the previous opinions did not provide sufficient information regarding the Veteran's functional loss.
- Remanded (sent back)
The Board remands the claim for a disability rating in excess of 10 percent, 20 percent, and 40 percent for herniated disc of the lumbar spine due to the need for an addendum opinion.
- Dismissed
The Board has dismissed all issues of service connection and the total disability rating based on individual unemployability due to service-connected disability (TDIU) as they are related to deceased Veteran.
- Denied
The veteran's claims for increased rating and service connection were denied as the evidence did not support a higher rating or establish service connection.
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