The Board has determined that further development is needed for the Veteran's claims of a higher rating for his lower back disability and TDIU. The Veteran will need to provide authorization for VA to obtain private treatment records, and a retrospective medical opinion addressing functional loss and range of motion after repetitive use over time and during flare ups at the time of the April and December 2016 VA examinations is needed. Additionally, the case will be referred to the Director of Compensation Services for consideration of whether the Veteran is entitled to a TDIU on an extraschedular basis.
The deciding factor: The Board found that the previous VA examinations were inadequate as they did not provide sufficient information regarding functional loss and range of motion after repetitive use over time and during flare ups. The Veteran's private treatment records also need to be considered for this purpose.
- Claimed conditions
- lumbosacral degenerative disc disease, intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2022
- Citation
- 22070137
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 22070137.
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.
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- Dismissed
The Veteran's appeal for an earlier effective date for service connection of intervertebral disc syndrome, traumatic arthritis of the spine with stenosis, and status-post spinal fusion is dismissed due to the Veteran's death.
- Denied
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- Granted
The Veteran's service connection claims for degenerative disc disease, intervertebral disc syndrome, spinal stenosis, and bilateral lower extremity sciatica have been granted as they are related to his active duty service.
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