The Veteran's lumbar spine disability is rated at 40 percent prior to December 3, 2008. The Board has remanded the cases for further development and rating consideration.
The deciding factor: The VA examinations have shown varying degrees of limitation in range of motion and function of the lumbar spine, but no ankylosis or IVDS with incapacitating episodes having a total duration of at least 6 weeks during the past 12 months. The Veteran's service-connected conditions are remanded for further development.
- Claimed conditions
- lumbar spine disability, bladder condition, bilateral upper extremity (BUE) condition, gunshot wound (GSW) to the left leg, sleep disorder, including obstructive sleep apnea (OSA)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 17, 2021
- Citation
- 21015503
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 21015503.
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 Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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