The Board has remanded the Veteran's claims for a higher initial rating and a rating in excess of 20 percent for his service-connected lumbar spine posterior facet degenerative changes due to inadequate medical opinions.
The deciding factor: The VA did not satisfy its duty to assist because it obtained and relied upon inadequate medical opinions that failed to comply with Mitchell v. Shinseki, 25 Vet. App. 32 (2011) and Sharp v. Shulkin, 29 Vet. App. 26, 32 (2017).
- Claimed conditions
- lumbar spine posterior facet degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2022
- Citation
- 22017306
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 22017306.
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 Board denied the Veteran's claim for a higher evaluation for his service-connected lumbar spine posterior facet degenerative changes, finding that the evidence did not support an increased rating beyond 20 percent.
- Denied
The Board has denied a higher initial evaluation for the Veteran's service-connected lumbar spine posterior facet degenerative changes, finding that the evidence does not support a rating in excess of 20 percent.
- Remanded (sent back)
The Veteran's claim for a higher evaluation for his service-connected lumbar spine posterior facet degenerative changes is being remanded due to the need for further development and consideration of additional evidence.
- Granted
The Veteran's back condition is granted a higher initial rating of 20 percent prior to February 13, 2020. A rating in excess of 20 percent for the same condition from February 13, 2020 is denied.
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