The Board has remanded the case due to insufficient examination findings regarding the Veteran's lumbar spine disability, specifically during periods of flare-ups and repetitive use over time.
The deciding factor: The VA-contracted examiner did not provide estimates for additional range of motion loss during flare-ups or after repeated use over time as required by the July 2019 remand instructions.
- Claimed conditions
- lumbar spine degenerative disc disease with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 25, 2022
- Citation
- 22065870
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 22065870.
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 TDIU claim is granted based on his service-connected lumbar spine disability. The SMC housebound and aid and attendance claims are denied due to lack of evidence showing the need for regular aid and assistance.
- Remanded (sent back)
The Board has remanded the Veteran's claims for left knee disability, lumbar spine degenerative disc disease with intervertebral disc syndrome, and acute sinusitis s/p septoplasty due to inadequate medical opinions regarding their etiology.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for lumbar spine degenerative disc disease with intervertebral disc syndrome, left and right lower extremity radiculopathy, as well as special monthly compensation and total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the veteran's request for an earlier effective date for service connection for both a back disability and a psychiatric disability, finding no clear and unmistakable error in prior rating decisions.
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