The Board remands the claim for a disability rating in excess of 10 percent, 20 percent, and 40 percent for herniated disc of the lumbar spine due to the need for an addendum opinion.
The deciding factor: An addendum opinion is required to determine if the Veteran's lumbar symptomatology represents or represented at any point during the period on appeal the functional equivalent of ankylosis and, if so, when it began based on citations to medical evidence and lay statements in the record.
- Claimed conditions
- herniated disc of the lumbar spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2022
- Citation
- 22000720
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 remanded the case for further development to obtain a retrospective medical opinion addressing functional loss during flareups and with repeated use over time prior to June 2021, as the previous opinions did not provide sufficient information regarding the Veteran's functional loss.
- Dismissed
The Board has dismissed all issues of service connection and the total disability rating based on individual unemployability due to service-connected disability (TDIU) as they are related to deceased Veteran.
- Denied
The veteran's claims for increased rating and service connection were denied as the evidence did not support a higher rating or establish service connection.
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