The Board has decided to remand the claim for a disability rating in excess of 10 percent for lumbosacral strain prior to July 28, 2016, and in excess of 40 percent thereafter due to insufficient evaluation criteria provided by the VA examiner.
The deciding factor: The Board found that the February 2020 VA examination did not provide critical evaluative criteria for assessing the severity of the Veteran's service-connected lumbar spine disability, including active and passive range of motion testing, weight-bearing and non-weight-bearing range of motion assessments, and information on functional loss during flares.
- Claimed conditions
- lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- 20069588
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 lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Partly granted
The Board granted a 20 percent rating for right leg sciatica with radiculopathy pain and paresthesia, but denied increased ratings for PTSD, lumbosacral strain, left wrist limitation of motion with ganglion cyst, and service connection for headaches, unspecified. Several issues were remanded.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
- Partly granted
The Board denied a disability rating greater than 10 percent for tinnitus and a rating greater than 20 percent for lumbosacral strain, but granted a 20 percent rating for left lower extremity sciatic radiculopathy and right lower extremity sciatic radiculopathy.
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