The Veteran's appeal for increased ratings for his lumbar spine disability and TDIU is being remanded due to the need for additional medical opinions regarding the severity of his service-connected conditions, specifically addressing flare-ups. The VA will also obtain updated treatment records and request an updated VA Form 21-8940 from the Veteran.
The deciding factor: The Board found that the December 2019 VA examiner did not provide sufficient information about additional range of motion lost during flare-ups, necessitating further examination to address this issue.
- Claimed conditions
- Degenerative Joint Disease (DJD) and Degenerative Disc Disease (DDD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2021
- Citation
- 21007606
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 21007606.
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.
- Denied
For the period prior to June 17, 2018, the Veteran's lumbar spine disability resulted in forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees. For the period beginning June 17, 2018, the Veteran's lumbar spine disability most closely approximated forward flexion of the thoracolumbar spine less than 30 degrees but not greater than 60 degrees.,For the entire period on appeal, the Veteran's separate right and left lower extremity sciatic radiculopathy disabilities were rated at 20 percent each.
- Denied
The Veteran's claim for a higher rating for his low back disability was denied as the evidence did not show flexion of the thoracolumbar spine limited to 30 degrees or less, ankylosis, or incapacitating episodes.
- Denied
The Veteran's lumbar spine disability is currently rated at 40 percent, effective March 1, 2016. The Board denied a higher rating as the evidence does not support an increase in his current rating.
- Remanded (sent back)
The Board has determined that the previous remand directives have not been substantially complied with, and thus another remand is required.
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