The Veteran's claims for increased ratings and an earlier effective date are being remanded due to the need for a VA examination. The rating in excess of 40 percent for spondylosis of the lumbar spine is currently at 100 percent based on his unemployability, but he seeks further increase. An earlier effective date is also sought.
The deciding factor: The Veteran failed to report for scheduled examinations and has not provided a valid reason for non-reporting.
- Claimed conditions
- spondylosis of the lumbar spine, right scapular pain with degenerative joint disease (DJD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 13, 2022
- Citation
- 22051979
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 22051979.
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.
- Partly granted
The Board granted service connection for sciatic radiculopathy of the right lower extremity, effective April 2025.
- Remanded (sent back)
The appeal is remanded to obtain opinions regarding whether the Veteran's left ankle ganglion cyst, spondylosis of the lumbar spine, knee strain, and acromioclavicular joint arthritis are caused or aggravated by his service-connected chronic musculoskeletal pain syndrome.
- Dismissed
The VA proposed reducing the appellant's disability rating for spondylosis of the lumbar spine from 40 percent to noncompensably disabling, but this proposal was not finalized and thus the appeal is dismissed.
- Remanded (sent back)
The Board has remanded the cases due to incomplete development related to the Veteran's lumbar spine surgery and increased rating claims. The AOJ is instructed to obtain missing medical records from the Campbell Clinic, validate the VA Form 21-4142, and then readjudicate both issues.
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