The Board has remanded the claims for an initial rating higher than 20 percent for the lumbar spine disability prior to March 17, 2014; a rating higher than 40 percent for the lumbar spine disability from March 17, 2014; and initial ratings higher than 10 percent for left and right hip bursitis based on limitation of extension. The claims are also remanded for an initial compensable rating for left and right hip bursitis based on limitation of flexion.
The deciding factor: The Board found the May 2012 and May 2019 VA lumbar spine examinations inadequate to satisfy the duty to assist, as they did not provide results of the requisite range-of-motion testing. The November 2020 decision also failed to address whether a new medical examination was warranted for the hip disabilities based on a statement submitted by the Veteran in September 2020.
- Claimed conditions
- lumbar spine disability, left hip bursitis based on limitation of extension, right hip bursitis based on limitation of extension, left hip bursitis based on limitation of flexion, right hip bursitis based on limitation of flexion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 17, 2022
- Citation
- 22015494
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 22015494.
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.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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