The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his lumbar sprain with Schmorl's node and retrolisthesis, as well as his claim for TDIU due to service-connected lumbar sprain. The Veteran must be afforded a new VA examination and additional records are needed.
The deciding factor: The current evidence is outdated and does not comply with the requirements of Correia v. McDonald (2016) and Sharp v. Shulkin (2017).
- Claimed conditions
- lumbar sprain, Schmorl's node, retrolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2020
- Citation
- 20026895
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 20026895.
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 Veteran argues that he should have been granted service connection for lumbar sprain and hearing loss as early as 1965 based on his STRs showing these conditions existed in service. The Board finds the RO's failure to adjudicate this CUE claim was an error and remands the matter.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for degenerative disc disease other than intervertebral disc syndrome, retrolisthesis, and bilateral lower extremity radiculopathy (claimed as back pain) due to incomplete STRs and SPRs. The AOJ is instructed to obtain these records and schedule a VA examination to determine the nature and etiology of the Veteran's back condition.
- Remanded (sent back)
The Board has decided to remand the case due to duty-to-assist errors, including obtaining complete treatment records from Dr. Akin and Dr. Dolnick, and obtaining medical opinions addressing whether the Veteran's current back disability was caused by wear and tear during service or aggravation of a preexisting scoliosis.
- Denied
The Veteran's low back disability is currently rated at 20 percent, effective March 10, 2020. The Board denied an increase in the evaluation for his low back disability as it did not meet the criteria for a higher rating.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.