The Board has remanded the Veteran's claims for increased ratings for degenerative arthritis of the lumbar spine with surgical scar due to inadequate examinations and failure to provide adequate reasons and bases.
The deciding factor: The VA examinations did not comply with the Court’s interpretation of 38 C.F.R. § 4.59, and the Board disregarded favorable evidence without providing adequate reasons and bases for its rejection.
- Claimed conditions
- Degenerative arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 6, 2020
- Citation
- 20064738
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 Board granted service connection for a lumbar spine disability, finding that the Veteran's current degenerative arthritis of the lumbar spine is related to an in-service bicycle accident.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 10 percent for degenerative arthritis of the lumbar spine to correct a duty to assist error.
- Denied
The Board denied service connection for a low back disability, neurological impairments of the upper extremities, and dismissed the TDIU claim as moot.
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.