The Board has remanded the Veteran's claims for an initial disability rating greater than 10 percent for lumbar IVDS with degenerative arthritis, an initial disability rating greater than 10 percent for left lower extremity sensory deficit prior to May 25, 2017, an increased disability rating greater than 40 percent for left lower extremity sensory deficit from May 25, 2017, and entitlement to a total disability rating based on individual unemployability (TDIU) prior to May 25, 2017. The remand is due to the need for additional examinations to assess the severity of the Veteran's service-connected conditions.
The deciding factor: The Board found that the VA examination was inadequate and required a new examination to properly address the Veteran’s contentions regarding his flare-ups and functional loss during those periods.
- Claimed conditions
- lumbar intervertebral disc syndrome (IVDS) with degenerative arthritis, left lower extremity sensory deficit
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2020
- Citation
- 20040423
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 20040423.
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 Board denied the veteran's request for an earlier effective date for a 40 percent disability rating for lumbar IVDS with degenerative arthritis. The decision was based on the lack of evidence showing the condition met the criteria for such a rating before May 18, 2022.
- Remanded (sent back)
The Veteran's claims for a higher back rating and TDIU are being remanded due to the need for additional development, including obtaining SSA records and scheduling an updated VA examination.
- Granted
The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation prior to May 25, 2017.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development due to inadequate VA medical opinions. The claims include increased rating and TDIU issues related to lower back condition and left lower extremity sensory deficit.
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