The Board has denied the Veteran's claim for a rating in excess of 40 percent for his low back disorder, finding that the evidence does not support such an increase. The case is now remanded to obtain additional VA examination reports and determine if higher staged ratings are warranted.,The right knee disorder remains under appeal with the need for a new VA examination compliant with Sharp v. Shulkin (2017) guidelines, as the Veteran reported flare-ups that require further assessment of functional loss during such periods. The case is also remanded to determine if higher staged ratings are warranted.,The TDIU claim remains inextricably intertwined with the right knee disorder appeal and thus must be addressed together. The case is therefore remanded for a new VA examination related to the right knee disorder, as well as for further adjudication of the TDIU claim.
The deciding factor: The evidence does not support a higher rating for the low back disorder.,Additional examinations are needed due to reported flare-ups and functional loss during such periods.,The right knee disorder and TDIU claims must be addressed together as they are inextricably intertwined.
- Claimed conditions
- Low back disorder, Right knee disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 9, 2021
- Citation
- 21007228
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21007228.
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 Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Granted
The Board has granted service connection for a low back disorder. The claims for bilateral hearing loss, hypertension, bilateral knee disorder, and an acquired psychiatric disorder are remanded.
- Remanded (sent back)
The Board has remanded the claims for service connection and TDIU due to duty to assist errors that occurred prior to the rating decision on appeal. The Veteran's right knee disorder is being remanded for an addendum opinion regarding its etiology.
- Denied
The Board denied service connection for a low back disorder, finding that the evidence did not show an in-service onset or relationship to service.
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