The Veteran's claim for an increased rating for his DDD disability is remanded due to a duty to assist error.
The deciding factor: There was an error in satisfying the regulatory duty to provide a VA examination, which has a reasonable possibility of substantiating the Veteran’s claim.
- Claimed conditions
- Degenerative Disc Disease L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 30, 2020
- Citation
- A20019456
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 A20019456.
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, including PTSD, degenerative disc disease L5-S1, left and right lower extremity radiculopathy, tinnitus, and GERD, have rendered her unable to secure or maintain substantially gainful employment since August 12, 2019. As of February 2, 2022, she met the schedular criteria for TDIU.
- Partly granted
The Veteran's bilateral knee disabilities and degenerative disc disease L5-S1 are rated as noncompensably disabling. The right and left knee disabilities each receive a 10 percent rating for limitation of extension, while the L5-S1 disability receives a 20 percent rating prior to September 24, 2018, and a 40 percent rating thereafter. The Veteran's appeal is remanded for further examination regarding his back disability.
- Granted
The Veteran's claims for service connection and increased ratings have been granted. The back disability is now considered to be incurred in service, while the bilateral foot and knee disabilities are secondary to his service-connected knee disabilities.
- Remanded (sent back)
The Board has dismissed the Veteran's claim for a left leg disability other than radiculopathy. The previously denied claims of service connection for degenerative disc disease L5-S1 and bilateral leg numbness have been reopened, but the case is remanded to obtain additional medical opinions regarding these issues. The Veteran's right knee condition remains under review.
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