The veteran's claim for an initial evaluation in excess of 20 percent for degenerative arthritis of the thoracic and lumbar spine is being remanded due to changes in the relevant regulations concerning spine disorders.
The deciding factor: Changes in the regulatory criteria for rating spine disabilities were enacted, necessitating further development and consideration under these new provisions.
- Claimed conditions
- Degenerative arthritis of the thoracic and lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 12, 2004
- Citation
- 0404220
Veterans Law Judge
Decisions by this judge: 1,419 · Granted: 21% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0404220.
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.
- Denied
The Veteran's claim for an increased evaluation for his service-connected degenerative arthritis of the thoracic and lumbar spine, ganglioneuroma, and lumbar strain is denied as he does not have unfavorable ankylosis of the entire thoracolumbar spine.
- Granted
The Veteran's cervical and thoracolumbar spine disabilities were granted a 20 percent rating effective from January 21, 2020. The disability ratings are subject to the criteria for diseases and injuries of the spine.
- Granted
The Veteran is granted a rating of 70 percent for an acquired psychiatric disorder (social phobia and PTSD) from May 29, 2013 to February 4, 2017.,The Veteran's claim for a rating in excess of 70 percent for the same condition was denied as of February 4, 2017.,TDIU is granted from May 29, 2013 to May 21, 2015.
- Granted
The Veteran's low back disability is rated at 40% since the beginning of the appeal period, and he received separate ratings for loss of use of both feet and special monthly compensation due to his service-connected disabilities. The rating for radiculopathy affecting the left and right lower extremities was granted no more than 40%, effective August 2, 2016.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.