The Board has remanded the claim for an increased rating in excess of 20 percent for degenerative disc disease of the lumbosacral spine due to insufficient examination reports addressing functional loss during flare-ups. The case will be returned for further evaluation and additional medical records may need to be obtained.
The deciding factor: The VA examiner was unable to provide an opinion regarding the Veteran's functional limitations without conducting a flare-up or repetitive use examination, which is necessary given the lack of such information in the existing records.
- Claimed conditions
- Degenerative disc disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2020
- Citation
- 20070522
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 claim for a retrospective medical opinion to assess the severity and manifestations of the Veteran's service-connected lumbosacral spine disability.
- Remanded (sent back)
The Board remands the claims for a lumbar spine disability, bilateral knee disabilities, and bilateral hip disabilities to obtain an adequate medical opinion.
- Remanded (sent back)
The claim for compensation under 38 U.S.C. §1151 for diabetes mellitus, Type 2 with bilateral lower extremity neuropathy secondary to medications taken for high cholesterol was denied due to the lack of new and relevant evidence.
- Denied
The Board denied increased ratings for degenerative disc disease of the lumbosacral spine, plantar fasciitis with degenerative joint disease in both feet, and hypertension.
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