The Veteran's degenerative disease of the lumbar spine is rated at 20 percent for the period prior to December 8, 2015. The Veteran's status post fracture, right tibia and fibula disability remains in excess of 10 percent. Both issues are remanded due to inadequate VA medical opinions.
The deciding factor: The VA medical opinions obtained in September 2021 were found to be inadequate for resolution of the claims as they did not address the Veteran's statements regarding flare-ups and repeated use over time, which is required by the prior remand directives.
- Claimed conditions
- Degenerative disease of the lumbar spine, Status post fracture, right tibia and fibula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 1, 2022
- Citation
- 22005241
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 22005241.
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 claims for service connection for bilateral lower extremity radiculopathy on the basis of CUE in the February 1996 rating decision have been denied. The May 2022 rating decision is also dismissed as it failed to grant service connection.
- Granted
The Board has granted service connection for degenerative disease of the lumbar spine, finding that the Veteran's current diagnosis and continuous low back symptomology since separation from service are sufficient to meet the criteria for presumptive service connection.
- Granted
The Board granted service connection for multiple conditions, including degenerative diseases of the cervical and lumbar spine, radiculopathies affecting various extremities, OSA, hepatic steatosis, and supraventricular arrhythmia.
- Remanded (sent back)
The Board has remanded the claims for an initial evaluation higher than 10 percent for degenerative disease of the lumbar spine and left leg pain associated with the lumbar spine, as well as a TDIU rating. The VA will obtain retrospective opinions to assess the Veteran's conditions from October 2009 to May 2018, and may refer the claim for an extraschedular TDIU if not granted based on schedular criteria.
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