The Veteran's lumbar spine spondylosis has been rated at 10 percent since January 2016. The Board finds the VA examination in January 2017 is inadequate and remands for a new examination to assess the current severity of his disability.
The deciding factor: The VA examination was found to be inadequate due to its remote nature and failure to comply with relevant case law (Sharp v. Shulkin, Correia v. McDonald).
- Claimed conditions
- lumbar spine spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 13, 2022
- Citation
- 22028488
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 22028488.
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
Service connection for tinnitus is granted.,An increased rating of 30 percent, but no higher, is granted for gastroesophageal reflux disease (GERD) from February 1, 2020.
- Denied
The Veteran's claim for a compensable rating for lumbar spine spondylosis was denied due to his failure to report for a scheduled VA examination.,Service connection for cervical spine disability, left foot disability (hallux valgus), GERD, headache disability, and hypertension were all denied as the evidence did not meet the criteria for service connection.,The Veteran's claim for increased rating of lumbar spine spondylosis was denied due to his failure to report for a scheduled VA examination.
- Granted
The Board has granted service connection for the Veteran's lumbar spine spondylosis and degenerative disc disease, right hip degenerative arthritis, and right knee condition as secondary to his service-connected depression.
- Granted
The Board granted service connection for lumbar spine spondylosis as aggravated by the Veteran's service-connected degenerative joint disease of the lumbar spine with degenerative arthritis, and also granted an increased rating of 20 percent for the degenerative joint disease from April 18, 2024.
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