The Veteran's low back degenerative disc disease was granted a 40% evaluation from April 19, 2011 to March 22, 2017. The Board found that the symptoms associated with his disability more closely approximated the criteria for a 40% evaluation during this period.
The deciding factor: The Veteran's low back degenerative disc disease was manifested by severe pain and functional loss, but did not meet the criteria for ankylosis or incapacitating episodes of at least 6 weeks duration.
- Claimed conditions
- Low back degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 7, 2018
- Citation
- 18109109
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 18109109.
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 is granted special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected low back degenerative disc disease and posttraumatic stress disorder.
- Denied
The Veteran's failure to report for a VA examination scheduled in October 2022 resulted in the denial of his claim for TDIU prior to March 28, 2017.
- Remanded (sent back)
The Board has found that another remand is necessary to obtain an addendum opinion addressing the Veteran's service-connected knee disabilities' potential impact on his obesity and whether it contributed to or aggravated his low back degenerative disease.
- Remanded (sent back)
The Board has remanded the case due to inconsistencies in its handling of the Veteran's back and right wrist claims. The case is now pending for further examination and opinion regarding the etiology of the Veteran's current right wrist disability.
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