The Veteran's claims for a higher rating for his service-connected lumbar spine disability and TDIU are being remanded due to the need for additional examinations and consideration of functional loss during flare-ups.
The deciding factor: The VA examination conducted must consider functional loss due to pain, fatigability, incoordination, pain on movement, and weakness, as well as range of motion testing including active and passive motion, weight-bearing, and nonweight-bearing conditions. Additionally, the examiner must attempt to elicit information from the Veteran regarding flare-ups.
- Claimed conditions
- Degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2020
- Citation
- 20007138
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's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
- Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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