The Board has remanded the case due to inadequate medical opinions regarding informed consent and causation of the Veteran's lumbar spine disability. The claims for compensation under 38 U.S.C. § 1151, TDIU, and SMC are also being remanded.
The deciding factor: The Board found that the provided VA examination report was inadequate to adjudicate the claim on appeal due to its failure to address informed consent and causation issues as requested by the Board in a previous remand. The claims for compensation under 38 U.S.C. § 1151, TDIU, and SMC are also being remanded.
- Claimed conditions
- Degenerative disc disease (DDD), lumbar spine, Radiculopathy of the right and left lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 1, 2020
- Citation
- 20057923
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 20057923.
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's application for PCAFC benefits was denied due to not meeting the criteria of needing personal care services based on activities of daily living. The Board found that the decision summary and reasoning were inadequate, and thus remanded the case for further review.
- Denied
The Board denied the Veteran's claim for special monthly compensation based on the need for aid and attendance or being housebound, as his service-connected disabilities did not render him so helpless as to require regular aid and attendance, nor was he permanently housebound due to his service-connected conditions.
- Granted
The Veteran's service-connected conditions, including PTSD and back disability, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted a total disability rating for compensation effective October 1, 2020.
- Remanded (sent back)
The Veteran's claim for a higher rating for cervical spine disability is remanded.,The Veteran's claims for an earlier effective date for the lumbar spine and radiculopathy disabilities are denied as no factual ascertainable increase in severity occurred within one year prior to her January 29, 2016 claim.,The Veteran's claim for a total disability rating due to unemployability is granted.
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