The Board has remanded the case due to a lack of compliance with previous remand directives regarding the severity of the Veteran's degenerative arthritis of the lumbosacral spine prior to September 22, 2015. The case is now pending for further consideration.
The deciding factor: The July 2019 VA examination opinion did not comply with the January 2019 remand directives by not addressing the October 2012 VA examinations findings of painful motion at 10 degrees flexion and providing a retrospective opinion on the severity of the Veteran's lumbar spine disability.
- Claimed conditions
- Degenerative arthritis of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 27, 2022
- Citation
- 22048951
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. Read the original VA decision (opens in a new tab) using citation 22048951.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded two issues: entitlement to a disability rating in excess of 20 percent prior to March 23, 2009 for degenerative arthritis of the lumbosacral spine and entitlement to an extraschedular disability rating for the same condition. The Veteran is asked to provide lay statements from individuals who have observed his symptoms during flare-ups and without medication. A retrospective medical opinion is needed to assess the severity of his condition prior to March 23, 2009.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the inadequacy of the October 2019 VA examination reports.,The Veteran's claims for increased ratings and service connection are being remanded due to the inadequacy of the October 2019 VA examination reports.,The Veteran's claims for increased ratings and service connection are being remanded due to the inadequacy of the September 2019 VA medical opinions.,The Veteran's claim for service connection for a psychiatric disorder is being remanded based on new military personnel records showing his deployment to Panama and Honduras.,The Veteran's claims for service connection are being remanded due to inadequate VA examination reports related to ankle disabilities.,The Veteran's claims for service connection are being remanded due to inadequate VA examination reports related to ankle disabilities.,The Veteran's claim for service connection is being remanded due to inadequate VA examination report.
- Partly granted
The Board granted an initial rating of 40 percent for degenerative arthritis of the lumbosacral spine, but denied higher ratings for left and right lower extremity radiculopathy.
- Dismissed
The veteran withdrew his appeal for service connection for degenerative disc disease and degenerative arthritis of the lumbosacral spine as secondary to achilles tendinopathy of the left foot.
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