The Veteran's appeal for a higher initial disability rating for his service-connected lumbar spine condition is remanded due to the need for a retrospective opinion regarding its severity prior to June 7, 2019.,The Veteran's appeal for an increased initial disability rating for his service-connected IBS with GERD is also remanded as there are inadequate VA examination reports and the need for a new VA examination.
The deciding factor: The Board finds that the current retrospective opinion provided by the VA examiner regarding the severity of the Veteran's lumbar spine condition prior to June 7, 2019 is insufficient. The examiner did not provide specific measurements regarding functional loss in terms of degrees of motion due to pain, weakness, fatigability, and flare-ups.
- Claimed conditions
- Degenerative arthritis of the lumbar spine with intervertebral disc syndrome, Irritable bowel syndrome (IBS) with gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 20, 2020
- Citation
- 20013006
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20013006.
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.
- Denied
The Veteran's service-connected disabilities did not substantially contribute to his employment handicap, and he had the necessary education, skills, and experience to obtain suitable employment. Therefore, VR&E benefits were denied.
- Partly granted
The Board granted service connection for degenerative arthritis of the lumbar spine with intervertebral disc syndrome and denied an initial compensable disability rating for tinea pedis of the right foot.
- Granted
The Veteran's service-connected degenerative arthritis of the lumbar spine with intervertebral disc syndrome is granted an increased rating to 40 percent, and no higher, as of May 4, 2021. The Veteran is also granted a total disability rating based upon individual unemployability (TDIU) and special monthly compensation at the '(l)' rate.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 20 percent for degenerative arthritis of the lumbar spine with intervertebral disc syndrome to correct pre-decisional duty to assist errors.
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