The Veteran's claims for increased ratings for cervical and lumbosacral spine disabilities are being remanded due to inadequate examinations conducted in October 2019. The new examinations must comply with the Board's previous directives regarding range of motion during flare-ups or repetitive use.
The deciding factor: The examination reports did not comply with the Board’s previous directives regarding range of motion during flare-ups and repetitive use, necessitating a remand for further evaluation by different examiners.
- Claimed conditions
- herniated nucleus pulpous, cervical spine, degenerative disc disease (cervical spine), herniated nucleus pulpous, lumbosacral spine, degenerative disc disease (lumbosacral spine)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 23, 2021
- Citation
- 21009983
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 21009983.
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
The Board denied service connection for sleep apnea and denied increased ratings for degenerative disc disease of the lumbar spine and cervical spine, finding that there was no evidence to support these claims.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for additional development due to lack of recent medical records and examinations.
- Granted
The Board has determined that the Veteran's vertigo is not related to her service-connected disabilities and has granted a TDIU based on her multiple service-connected conditions preventing her from securing and following substantially gainful employment.
- Denied
The Board denied service connection for asthma/sinusitis, cervical spine and lumbar spine disorders, and peripheral neuropathy of the upper and lower extremities. The Veteran's claims were not supported by sufficient evidence to establish a link between these conditions and his military service.
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