The Veteran's initial compensable rating for service-connected scar, lumbar spine is denied.,The Veteran's claim for an increased rating of 10 percent or more for degenerative changes, lumbar spine remains on appeal and requires a remand to obtain additional examination findings.,The Veteran's claims for service connection of bilateral leg condition and bilateral foot condition are also on appeal and require a remand to obtain medical opinions regarding the relationship between these conditions and his service-connected lumbar spine disability.,No specific rating or effective date is provided as this matter is being remanded.
The deciding factor: The Veteran's scar, lumbar spine does not have any disabling effects, thus no compensable rating can be assigned under the current criteria.,The November 2009 VA examination report did not include passive range of motion findings and nonweight-bearing measurements as required by Correia v. McDonald (2016).,The Veteran's bilateral leg and bilateral foot conditions are on appeal, and a medical opinion is needed to determine if they are secondary to his service-connected lumbar spine disability.,No specific reasoning provided for the remand of the initial rating claim.
- Claimed conditions
- scar, lumbar spine, degenerative changes, lumbar spine, bilateral leg condition (claimed as pain in both legs), bilateral foot condition (claimed as pain in both feet)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2020
- Citation
- 20005319
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
The veteran was granted a total disability rating based on individual unemployability due to his service-connected disabilities.
- Granted
The Board granted service connection for the cause of the Veteran's death, considering that his service-connected orthopedic disabilities and major depressive disorder contributed substantially to his death.
- Dismissed
The Veteran withdrew his appeal for initial increased ratings for thoracolumbar spine arthritis, cervical spine arthritis, bilateral lower extremity femoral radiculopathy, and a scar.
- Partly granted
The Board granted service connection for right knee strain, left knee strain, lumbar radiculopathy of the right lower extremity, and lumbar radiculopathy of the left lower extremity. It also granted initial ratings for various disabilities including a 20 percent rating for lumbar degenerative disc disease with intervertebral disc syndrome, spondylosis, and spondylolisthesis, a 30 percent rating for labral tear, including superior labral anterior-posterior lesion, status post surgical repair, and higher ratings for other conditions.
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