The Veteran's service-connected back disability is being remanded for further development, including a new VA examination to assess the current severity of his condition. The issue of entitlement to TDIU has also been added due to the impact it could have on the increased rating claim.
The deciding factor: The decision was remanded because the most recent VA examination did not comply with the requirements in Correia v. McDonald, 28 Vet. App. 158 (2016), and there is a need for further development to assess the current severity of the Veteran's service-connected back disability.
- Claimed conditions
- lumbar spine degenerative arthritis with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 20, 2019
- Citation
- 19195696
Veterans Law Judge
Decisions by this judge: 1,762 · Granted: 24% (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 19195696.
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.
- Granted
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for additional evidence and a new VA examination. The issue at hand is whether the Veteran should receive an evaluation in excess of 30 percent for his major depressive disorder associated with lumbar spine degenerative arthritis with intervertebral disc syndrome.
- Remanded (sent back)
The Board has remanded the Veteran's claims for higher ratings for lumbar spine degenerative arthritis with intervertebral disc syndrome, bilateral hip disabilities (right and left), limitation of extension, and TDIU. The reasons include the need to consider the ameliorative effects of medications used by the Veteran.
- Partly granted
The Veteran was granted special monthly compensation (SMC) based on the need for regular aid and attendance, SMC at the M level based on loss of use of the lower extremities, and SMC at the O level based on the award of SMC L and SMC M. The claim for SMC based on housebound status was dismissed as moot.
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