The Board has remanded the case due to the need for an updated VA spine examination, including testing of range of motion and addressing conflicting medical evidence regarding lumbar spine ankylosis.
The deciding factor: The decision is based on the need for a Correia-compliant VA spine examination and a Sharp-compliant evaluation of the Veteran's lumbar spine disability due to potential worsening since the last examination in July 2015.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2020
- Citation
- 20002009
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.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
- Partly granted
The Veteran's GERD was granted a 60 percent disability rating, and the June 15, 2020 VA Form 10182 for service connection claims was accepted as timely due to good cause shown.
- Denied
The Board denied service connection for degenerative joint disease of the lumbar spine, sleep apnea, and a compensable evaluation for bilateral hearing loss. The Veteran was granted a total disability rating based upon individual unemployability from September 4, 2013 to February 23, 2014.
- Granted
For the period prior to May 11, 2018, the Veteran's lumbar spine degenerative joint disease is rated at 20 percent.,Effective May 11, 2018, a 40 percent rating for lumbar spine degenerative joint disease is granted.,For the period prior to July 3, 2018, and thereafter, ratings of 10 percent are denied for left lower extremity radiculopathy of the sciatic nerve and right lower extremity radiculopathy of the sciatic nerve. Ratings of 20 percent are also denied.,For the period prior to July 3, 2018, a rating of 20 percent is denied for left lower extremity radiculopathy of the femoral nerve and right lower extremity radiculopathy of the femoral nerve.
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