The Board has remanded the Veteran's claims for a rating in excess of 20 percent and 40 percent for lumbar spine degenerative disc disease (DDD) due to inadequate examination reports addressing flare-ups and functional limitations.
The deciding factor: The Board found that the May 2020 examiner did not adequately address the Veteran's reported flare-ups and requested clarification on whether he could provide an opinion regarding additional loss of function or range of motion after repetitive use or during a flare-up, or if his opinion reflects the limitations of knowledge in the medical community at large.
- Claimed conditions
- lumbar spine degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2022
- Citation
- 22001485
Veterans Law Judge
Decisions by this judge: 2,020 · Granted: 19% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 22001485.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error regarding the service connection for left lower extremity radiculopathy, including as aggravated by service-connected lumbar spine degenerative disc disease (DDD).
- Granted
The Veteran's service-connected lumbosacral spine disability, including spondylosis, lumbar spine degenerative disc disease (DDD), facet joint arthritis, and L4-5 disc bulge, is now rated at 40 percent effective June 11, 2019.
- Denied
The Board has denied the Veteran's requests to appeal the May 12, 2023 rating decision that granted service connection for bilateral hearing loss and denied service connection for lumbar spine DDD, left heel injury, and right knee injury. The reasons given were that the appeals were not timely filed.
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