The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent prior to December 12, 2012, and a rating in excess of 40 percent from December 12, 2012, for his service-connected lumbar spine disability due to insufficient examination reports. The Veteran is also remanded for a VA examination to assess the severity of his lumbar spine disability during the period prior to December 12, 2012.
The deciding factor: The Board found that the previous examinations did not provide sufficient information on the degree of functional loss due to flare-ups and repetitive use, which is necessary for determining appropriate ratings.
- Claimed conditions
- Degenerative disc disease, Anterior osteophyte formation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 4, 2021
- Citation
- 21027079
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 21027079.
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 Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
- Denied
The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of chronicity or continuity of symptomatology since service and concluding that his current disabilities are more likely related to an in-service injury than to his military service.
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