The Board has remanded the case due to incomplete VA records and the need for a new VA examination to determine the nature and etiology of the Veteran's back condition(s).
The deciding factor: The decision is based on the need for additional development, including obtaining missing VA treatment records and scheduling an adequate VA examination.
- Claimed conditions
- Degenerative disk disease of the cervical spine, Degenerative disk disease of the lumbar spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2020
- Citation
- 20007587
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.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 20 percent for lumbar spine disability to schedule a VA examination to determine if the Veteran has intervertebral disc syndrome (IVDS) and, if so, whether he has required bed rest prescribed by a physician during any 12-month period.
- Denied
The Board denied a disability rating greater than 30 percent for degenerative disk disease of the cervical spine based on the evidence showing that the Veteran's symptoms did not warrant an increased disability rating.
- Partly granted
The Veteran's back disability was granted a 40 percent rating from July 28, 2010 to July 24, 2020, and the right knee instability was granted a separate 10 percent rating from that same date. The claims for increased ratings for the back and knees were denied.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.