The Board has remanded the Veteran's claims for an initial rating in excess of 20 percent for lumbar strain with intervertebral disc syndrome (IVDS) for specific periods, and a rating in excess of 40 percent from September 17, 2013 to December 2, 2019. The remand is due to inadequate medical examination findings.
The deciding factor: The Board found the December 2019 VA examination inadequate as it did not comply with Correia and Sharp requirements for adequate range of motion testing.
- Claimed conditions
- lumbar strain with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2022
- Citation
- 22004082
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 22004082.
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 service-connected disabilities do not prevent him from securing or following a substantially gainful occupation throughout the appeal period, and therefore, his claim for TDIU is denied.
- Denied
The Veteran's claim for SMC based on the need for aid and attendance or housebound status was denied because the evidence did not show he required regular aid and assistance due to his service-connected disabilities, nor was he permanently bedridden. The Board found that while the Veteran had difficulty with medication management and some activities, he could still bathe/shower, eat, dress, etc., without assistance.
- Granted
The Veteran's service-connected conditions have caused him to be in need of regular aid and attendance, which has been granted for special monthly compensation (SMC).
- Granted
The Veteran's claim for a higher evaluation of her service-connected lumbar disability is granted, with an effective date of October 3, 2024. Effective November 16, 2011, the Veteran's claims for right and left lower radiculopathy associated with her lumbar disability are also granted.
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