The Board has remanded the Veteran's claim for a disability rating in excess of 20 percent for degenerative disc disease of the lumbar spine with intervertebral disc syndrome prior to June 17, 2022, and in excess of 40 percent from June 17, 2022 onward. The remand requires obtaining a new VA examination that includes retrospective estimates of the Veteran's lumbar spine range of motion for the period from May 31, 2013, onward.
The deciding factor: The Board found there has not been substantial compliance with its previous remand directives regarding the need to obtain retrospective estimates of the Veteran's lumbar spine range of motion for the period from May 31, 2013, onward.
- Claimed conditions
- Degenerative disc disease of the lumbar spine with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2023
- Citation
- 23004940
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 23004940.
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.
- Remanded (sent back)
The Board has remanded the cases for additional development to obtain updated VA treatment records and any relevant private treatment records. The Veteran must provide authorization for these records.
- Granted
The Veteran's lumbar disability, right and left lower extremity sciatic radulopathy, and cervical spine disability are all granted service connection. The cervical spine disability is remanded for further examination.
- Remanded (sent back)
The Veteran's low back disability is currently rated at 40 percent for the period from August 27, 2007 to July 21, 2013. The Board has determined that additional development is needed due to conflicting evidence regarding the extent of his disability during this time.
- Denied
The Veteran's initial request for higher ratings for his service-connected back condition was denied. The rating assigned prior to June 6, 2019, is 10 percent and the rating after that date is 40 percent.
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