The Veteran's initial claim for a higher rating was denied in April 2009. In December 2013, he testified at a Board hearing that his back disability had worsened since the last evaluation. The RO then granted an increased rating of 20 percent effective February 24, 2009. However, this decision is now being remanded due to new evidence submitted by the Veteran.
The deciding factor: The Veteran's claim for a higher rating was initially denied in April 2009 and later granted with an increased rating of 20 percent effective February 24, 2009. However, the decision is now being remanded due to new evidence submitted by the Veteran.
- Claimed conditions
- lumbar degenerative disc disease with stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 13, 2014
- Citation
- 1410451
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 1410451.
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.
- Dismissed
The Board has dismissed the appeals for service connection for a lumbar spine disorder, headaches, an acquired psychiatric disorder, and sleep apnea due to the Veteran's death.
- Granted
The Veteran's lumbar degenerative disc disease with stenosis is rated at 40 percent, but no higher. The Board found that the Veteran's forward flexion of the thoracolumbar spine was most accurately approximated as limited to 30 degrees or less.
- Denied
The Veteran's claims for increased ratings were denied, while some service connection claims were granted or reopened. The appeal is remanded for further action on several issues.
- Granted
The reduction of the 40 percent disability rating to 20 percent for the service-connected lumbar degenerative disc disease with stenosis (back disability) was not proper, and the 40 percent rating is restored from February 9, 2011.
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