The Board has remanded the case for a new VA examination to determine the current nature and severity of the Veteran's service-connected lumbar spine disability, including range of motion measurements and functional limitations. The TDIU claim is also being remanded as it is inextricably intertwined with the rating issue.
The deciding factor: The Board found that the previous examination was inadequate and required a new one to assess the current severity of the Veteran's lumbar spine disability, including range of motion measurements and functional limitations.
- Claimed conditions
- lumbosacral strain with degenerative changes of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 5, 2022
- Citation
- 22038047
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 22038047.
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 Veteran's lumbosacral strain with degenerative changes of the lumbar spine was granted a rating of 40 percent from November 9, 2015 to September 10, 2019. Prior to this period and as of September 10, 2019, the disability did not meet the criteria for higher ratings.
- Remanded (sent back)
The Veteran's claim for increased rating and TDIU has been remanded due to inadequate VA examination in the previous decision. The Board will obtain additional evidence, schedule a new VA examination, and refer the case for extraschedular consideration of TDIU.
- Partly granted
The Veteran's applications to reopen previously denied claims of entitlement to service connection for bilateral hearing loss and a cervical spine disorder have been granted. The claim for an initial rating in excess of 20 percent for lumbosacral strain with degenerative changes of the lumbar spine remains pending.,Service connection has been established for bilateral hearing loss, a cervical spine disorder (secondary to service-connected lumbosacral strain), and lumbosacral strain with degenerative changes of the lumbar spine.
- Granted
The Veteran's appeal is granted as to the issues of service connection for lumbosacral strain with degenerative changes of the lumbar spine, psychiatric disability, and right hip tendonitis. The decision was based on evidence that rebutted the presumption of regularity regarding the mailing of the statement of the case.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.