The Board has remanded the Veteran's claim for higher ratings for his degenerative joint disease of lumbar spine and total disability due to individual unemployability.,The AOJ is required to obtain up-to-date VA treatment records, a retrospective medical opinion regarding flare-ups, a new VA examination addressing loss of range of motion over time, and refer the TDIU claim prior to July 21, 2014 for extraschedular consideration.
The deciding factor: The Board found insufficient evidence in the current record to determine if increased functional impairment due to pain, repeated use, or other presentations during flare-ups more nearly approximated a higher rating for the Veteran's service-connected degenerative joint disease of lumbar spine.
- Claimed conditions
- Degenerative Joint Disease of Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 23, 2021
- Citation
- 21070310
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 21070310.
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 Veteran's degenerative joint disease of the lumbar spine and left leg radiculopathy have been granted a 40 percent rating. However, his right leg radiculopathy and left leg radiculopathy are remanded for further review.
- Granted
The Veteran's service-connected disabilities, including PTSD and lumbar spine conditions, have rendered him permanently housebound since April 7, 2018. The Board has granted an effective date of April 7, 2018 for SMC based on his housebound status.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for clarification regarding whether his symptoms manifest as unfavorable ankylosis of the entire thoracolumbar spine or the entire spine, and when these symptoms manifested.
- Denied
The Veteran's lumbar and cervical spine disabilities are each rated at 20 percent, but the Board found they do not warrant higher ratings based on the criteria provided.
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