The Veteran's back disability is remanded for a new VA examination to determine the current nature and severity of her service-connected lower back disability, including range of motion testing. The issue of entitlement to TDIU is also remanded as it is inextricably intertwined with the rating assigned for her back disability.
The deciding factor: The February 2021 VA examination was found inadequate due to inconsistencies and contradictions with previous examinations, and the need for additional medical records from the Veteran's period of incarceration.
- Claimed conditions
- lumbar spine degenerative arthritis with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 1, 2021
- Citation
- 21039927
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 21039927.
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
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for additional evidence and a new VA examination. The issue at hand is whether the Veteran should receive an evaluation in excess of 30 percent for his major depressive disorder associated with lumbar spine degenerative arthritis with intervertebral disc syndrome.
- Remanded (sent back)
The Board has remanded the Veteran's claims for higher ratings for lumbar spine degenerative arthritis with intervertebral disc syndrome, bilateral hip disabilities (right and left), limitation of extension, and TDIU. The reasons include the need to consider the ameliorative effects of medications used by the Veteran.
- Partly granted
The Veteran was granted special monthly compensation (SMC) based on the need for regular aid and attendance, SMC at the M level based on loss of use of the lower extremities, and SMC at the O level based on the award of SMC L and SMC M. The claim for SMC based on housebound status was dismissed as moot.
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