The Board has remanded the case due to inadequate examination findings regarding the Veteran's service-connected low back disability. The Veteran needs a new VA examination to assess the current severity of his disability and provide specific range of motion measurements.
The deciding factor: The October 2019 VA examination was inadequate as it did not provide a finding of painful motion on active use and in weight-bearing use, which is required under Correia v. McDonald (28 Vet. App. 158, 168).
- Claimed conditions
- chronic lumbar strain, intervertebral disc syndrome, disc protrusion at L5-S1, degenerative arthritis, spinal stenosis, spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2020
- Citation
- 20068327
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 Board remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Dismissed
The appeal seeking service connection for diabetes mellitus, type II, degenerative arthritis, hyperlipidemia, and hypertension was dismissed due to non-compliance with claims processing rules.
- Granted
The Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions to correct pre-decisional duty to assist errors, including obtaining outstanding Social Security Administration records.
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