The Veteran's appeal is about a higher rating for his service-connected thoracolumbar spine disability, specifically regarding neurological manifestations and whether he should receive a separate rating based on incapacitating episodes. The case has been remanded to obtain additional medical opinions and records.
The deciding factor: Additional medical opinion is needed to address the Veteran's current radiculopathy status and frequency of incapacitating episodes.
- Claimed conditions
- myositis of the lumbosacral paravertebral muscles, IVDS (intervertebral disc syndrome)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 3, 2015
- Citation
- 1523588
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 1523588.
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 Veteran's back disability, rated at 40 percent since March 14, 2022, is granted effective from that date.
- Denied
The Veteran's claim for higher ratings for his service-connected back disability, bilateral lower extremity radiculopathies, and hypertension was denied. The rating for IVDS with bilateral facet arthropathy thoracolumbar spondylosis is not met as the evidence did not show forward flexion to 60 degrees or less, combined range of motion of 120 degrees or less, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, or ankylosis (or its functional equivalent).,The Veteran's claims for higher ratings for his service-connected right and left lower extremity radiculopathies were not met as the evidence did not show at least moderate incomplete paralysis of the femoral nerve or sciatic nerve. The rating for hypertension was also denied.
- Denied
The Veteran's claim for a higher rating for lumbosacral strain with IVDS from January 23, 2020 is denied. The claim for service connection for erectile dysfunction as secondary to major depressive disorder is granted. The Veteran is also entitled to SMC based on the loss of use of a creative organ.
- Remanded (sent back)
The Board has determined that the Veteran is in need of personal care services for a minimum of six continuous months due to his inability to perform multiple activities of daily living and a need for supervision based on symptoms or residuals of neurological impairment. The decision also requires an evaluation of whether participation in the PCAFC program would be in the best interest of the Veteran.
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.