The Board has decided to remand the case due to inadequate statement of reasons or bases for the decision and errors in reliance on a December 2017 VA examination.
The deciding factor: The Court found that the Board failed to address whether the Veteran experienced unfavorable ankylosis of the entire spine, and erred in relying on a December 2017 VA examination without determining if the examiner's inability to speculate was based on insufficient knowledge among the medical community or the examiner's personal limitations.
- Claimed conditions
- Low back strain with disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2021
- Citation
- 21074012
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 21074012.
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 Board denied a higher disability rating for the Veteran's low back disability, finding that there was no evidence of unfavorable ankylosis or equivalent functional limitations from repeated use over time.
- Granted
The Board has determined that the veteran's service-connected low back strain with disc disease warrants a rating of 40 percent, effective from March 2, 1978.
- Denied
The Board denied an earlier effective date for the grant of a 60 percent disability evaluation for low back strain with disc disease, finding that the first evidence supporting such criteria was dated after April 9, 1998.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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.