The Board has remanded the case for further development, including an additional VA examination to assess the severity of the Veteran's service-connected lumbar spine disability and a retrospective opinion on whether SMC based on need for aid and attendance was warranted prior to August 27, 2020.
The deciding factor: The Board found that there were deficiencies in the evidence related to the Veteran's lumbar spine disability and remanded for further development. Additionally, the issue of SMC based on need for aid and attendance prior to August 27, 2020 was also remanded due to lack of medical evidence.
- Claimed conditions
- lumbosacral strain with IVDS
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2021
- Citation
- 21007739
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 21007739.
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 lumbosacral strain with IVDS and associated radiculopathies of the left and right lower extremities are granted at a 40 percent rating prior to December 27, 2023, and denied for ratings in excess of this level from that date.
- Granted
The Board has granted effective dates of September 16, 2023 for the appellant's service-connected migraines (50%), lumbosacral spine disability (40%), and cervical spine disability (30%). These ratings were increased from their initial effective dates based on the appellant's continuous pursuit of review options.
- Denied
The Board denied a rating in excess of 40 percent for lumbar spine disability and a rating in excess of 10 percent for left-sided mild incomplete paralysis of the sciatic nerve.
- Partly granted
The Veteran is granted a total disability rating based on individual unemployability due to his service-connected disabilities, and the reduction in the rating of lumbosacral strain with IVDS from 40 percent to 20 percent was not proper; the 40 percent rating is restored effective September 18, 2023.
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