The Board has remanded the claims for a higher initial rating for a lumbosacral spine disability and entitlement to TDIU due to inadequate VA examination reports prior to September 15, 2017. A retrospective medical opinion is needed to address the severity of the service-connected condition during the period on appeal.
The deciding factor: The Board found that the previous VA examinations were inadequate for determining the current level of disability and that a new retrospective medical opinion was necessary to provide an accurate assessment.
- Claimed conditions
- lumbosacral spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2020
- Citation
- 20002905
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 granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Denied
The Board denied service connection for multiple disabilities, including bilateral wrist, ankle, foot, shoulder, allergic rhinitis, sinusitis, lumbosacral spine, and carpal tunnel syndrome, as the evidence did not support a finding that these conditions were related to active service.
- Dismissed
The appeal for service connection for a lumbosacral spine disability and an acquired psychiatric disability is dismissed due to the Veteran's death during the pendency of the appeal.
- Denied
The Board denied service connection for cervical spine, lumbosacral spine, left lower extremity paresthesia, left upper extremity paresthesia, acquired psychiatric disorder, and headaches as they were not shown to be related to the Veteran's military service.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.