The Veteran's claim for an evaluation in excess of 40 percent for degenerative arthritis with spondylolisthesis of the lumbar spine and a rating in excess of 20 percent for right lower extremity radiculopathy remains pending.,The Veteran is also seeking TDIU based on his service-connected disabilities.
The deciding factor: The evidence does not meet the criteria for a higher evaluation under the General Rating Formula for Diseases and Injuries of the Spine or Diagnostic Code 8520, nor does it show incapacitating episodes meeting the criteria for a higher rating under Diagnostic Code 5243.
- Claimed conditions
- Degenerative arthritis with spondylolisthesis of the lumbar spine, Right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2018
- Citation
- 18142642
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 18142642.
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 appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Partly granted
The Board denied an effective date prior to December 4, 2024, for the grant of service connection for degenerative arthritis of the lumbar spine and denied initial compensable ratings for bilateral hearing loss and a lumbar spine disability. However, it granted a 20 percent rating for right lower extremity radiculopathy associated with the service-connected lumbar spine disability.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
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