The Board has determined that additional development is needed to ensure the adequacy of evidence for review, particularly regarding range of motion findings for the Veteran's service-connected low back disability. The appeal will be remanded to obtain these retrospective medical opinions.
The deciding factor: The Board found that current VA examination reports are inadequate due to a lack of retrospective findings compliant with recent Court holdings on range of motion evaluations.
- Claimed conditions
- intervertebral disc syndrome, degenerative disc disease with hyperlordosis of lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2020
- Citation
- 20066008
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 claim for a rating in excess of 40 percent for lumbosacral strain, finding that the evidence did not support a higher rating based on either incapacitating episodes or unfavorable ankylosis.
- Dismissed
The veteran's appeal for an earlier effective date for service connection back disorder, as due to clear and unmistakable error (CUE), was dismissed because the appeal request was not timely filed.
- Granted
The Board granted service connection for lumbar degenerative arthritis and intervertebral disc syndrome based on the Veteran's continuous symptoms since service.
- Granted
The Board granted an effective date of August 26, 2021, for the award of service connection for lumbosacral strain and bilateral lower extremity radiculopathy with sciatic nerve involvement.
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