The Board has remanded the Veteran's claims for an initial disability rating greater than 10 percent prior to February 9, 2017 and greater than 20 percent thereafter for osteoarthritis of the lumbar spine. The Veteran also had his TDIU claim remanded due to inconsistencies in VA examination reports.,The Board has also remanded the Veteran's claim for an effective date earlier than September 6, 2018 for the assignment of a total disability rating based on individual unemployability due to service-connected disability (TDIU).
The deciding factor: There are inconsistencies in the VA examination reports that require further evaluation and clarification.
- Claimed conditions
- osteoarthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2019
- Citation
- 19195055
Veterans Law Judge
Decisions by this judge: 2,088 · Granted: 33% (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 19195055.
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 has determined that additional development is needed for the claims on appeal, including obtaining any outstanding treatment records and scheduling VA examinations to assess the current severity of service-connected disabilities. The Veteran's representative also requested reevaluation of his service-connected disabilities.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including sinusitis, right and left upper extremity radiculopathy, sleep disturbances, a right knee disability, osteoarthritis of the lumbar spine, allergic rhinitis, and patellofemoral syndrome with degenerative arthritis in the left knee. The Board found that there was insufficient evidence to support these claims.
- Granted
The Board has granted the Veteran's claim for service connection for a low back disability, including osteoarthritis of the lumbar spine. The Board found that there was no evidence to support direct service connection but established continuity and chronicity under VA regulations.
- Denied
The Board denied the veteran's claims for earlier effective dates for increased ratings and service connection, finding no persuasive evidence that the criteria for increased evaluations were met prior to the respective claim or examination dates.
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