The Board has decided to remand the claim for a rating in excess of 10 percent for degenerative joint and disc disease of the lumbar spine due to insufficient information regarding functional impairment during flare-ups or after repeated use. The Veteran should be scheduled for an updated examination.
The deciding factor: The VA examiner failed to provide sufficient information about the extent of range of motion loss during flare-ups or after repeated use, which is necessary to determine the appropriate rating.
- Claimed conditions
- Degenerative joint and disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2021
- Citation
- 21073009
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 21073009.
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 remands the appeal for further development, including verification of periods of service and obtaining additional medical opinions.
- Denied
The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation during the period from August 30, 2016 to October 6, 2021.
- Granted
The Board has granted the Veteran's claims for clothing allowances for a back brace in the years of 2014, 2015, 2016, and 2018 due to wear on his clothing caused by his service-connected lumbar spine disability.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for a TDIU rating as they are not severe enough to prevent him from securing or following substantially gainful employment.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.