The Board has remanded the Veteran's appeal for a new examination to assess the severity of his lumbar spinal stenosis with degenerative arthritis and degenerative disc disease due to inadequate previous examinations. The Veteran is entitled to a 40 percent rating from June 2015, but the current examination report does not fully comply with prior remand directives.
The deciding factor: The Board found that the current examination report did not provide sufficient information regarding additional functional impairment during flare-ups and failed to address whether this approximates ankylosis.
- Claimed conditions
- lumbar spinal stenosis, degenerative arthritis, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2022
- Citation
- 22070899
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 22070899.
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 Board has restored the Veteran's rating for his right elbow condition from 10 percent to 20 percent effective May 5, 2025, finding that the evidence was in equipoise regarding whether there had been improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Granted
The Board has granted earlier effective dates of January 13, 2020 for the service connection of low back disability and related radiculopathy issues. The Veteran's claims were reopened due to new evidence submitted in January 2020.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
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