The Board has remanded the case due to insufficient information regarding functional loss caused by pain and flare-ups during the period from May 19, 2011 to April 26, 2017 for a lumbar spine disability. The Veteran is seeking an earlier effective date for his 40% rating.
The deciding factor: The Board found that there was insufficient information regarding functional loss caused by pain and flare-ups during the period from May 19, 2011 to April 26, 2017 for a lumbar spine disability.
- Claimed conditions
- discogenic disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2021
- Citation
- 21072472
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 21072472.
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 appeal for special monthly compensation (SMC) based on need for aid and attendance or housebound status was denied because the evidence did not demonstrate a factual need for such benefits due to his service-connected disabilities. The Board found that the majority of the Veteran's need for assistance stemmed from non-service connected conditions.
- Remanded (sent back)
The Board has remanded the case due to insufficient analysis regarding functional loss caused by flare-ups and pain during the period on appeal. The Veteran is seeking an earlier effective date for a 40 percent rating for his lumbar spine disability.
- Denied
The Board denied an initial rating in excess of 40 percent for the appellant's low back disability, granted a 40 percent rating for right lower extremity radiculopathy, and denied ratings for other conditions.
- Denied
The Veteran's service-connected disabilities do not prevent him from securing and maintaining gainful employment.
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