The Veteran's claim for an increased rating for his lumbar spine condition prior to September 9, 2014 was denied. The Board found that the evidence did not show forward flexion of the thoracolumbar spine of 30 degrees or less, favorable/unfavorable ankylosis of the entire thoracolumbar spine, or IVDS with incapacitating episodes requiring bed rest prescribed by a doctor. For the period from December 1, 2014, to October 1, 2020, and in excess of 10 percent from October 1, 2020, for the lumbar spine condition is remanded.
The deciding factor: The VA examiner did not address non-weight bearing, active, and passive ranges of motion as required by Correia v. McDonald (2016).
- Claimed conditions
- lumbar strain, degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 4, 2021
- Citation
- 21026858
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 21026858.
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.
- Remanded (sent back)
The Board has remanded the case due to a lack of evidence regarding the etiology of the Veteran's cervical spine disorder and an incomplete record of chiropractic care. The Veteran is requested to provide or authorize VA to obtain his treatment records from chiropractors, and an addendum opinion will be provided by a VA examiner.
- Granted
The Board has granted service connection for a left knee strain with degenerative changes, finding that the Veteran's current condition is related to his in-service injury.
- Dismissed
The Veteran's appeals for service connection for right hand arthritis and left hand arthritis have been dismissed.,The Veteran's appeals for a higher rating for lumbar strain, radiculopathy of the left sciatic nerve, and radiculopathy of the right sciatic nerve have been remanded.
- Remanded (sent back)
The Board has granted service connection for lumbar strain and lumbar intervertebral disc syndrome with left sciatica. The right lower extremity sciatica claim is remanded due to a duty-to-assist error.
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