The Veteran's low back disability claim is being remanded for further development due to the lack of substantial compliance with the Board's October 2019 Remand directives.
The deciding factor: The VA examiner did not address the Veteran’s lay statements regarding flare-ups and failed to provide an estimate based on information from relevant sources, including the Veteran's statements.
- Claimed conditions
- lumbar degenerative disc disease, intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- 20066606
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 a 40 percent rating for the Veteran's lumbar degenerative disc disease, resolving reasonable doubt in favor of the claimant.
- 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.
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