The Veteran's lumbar spine disability is rated as 10 percent disabling prior to November 15, 2011 and 40 percent thereafter. The Veteran contends that his disability warrants an initial evaluation in excess of these ratings. He also asserts that his bilateral lower extremity radiculopathy are more severe than the current 20 percent rating.
The deciding factor: The Veteran's lumbar spine disability is rated under Diagnostic Codes 5243 and 5242, based on the number of incapacitating episodes he has in a 12-month period. The September 2014 VA examination did not find intervertebral disc syndrome (IVDS), despite earlier diagnoses.
- Claimed conditions
- lumbar spine strain with transitional vertebrae, lumbar spine degenerative arthritis, intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2018
- Citation
- 18145652
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 18145652.
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.
- Remanded (sent back)
The Board has found the eligibility determination for PCAFC enrollment to be legally inadequate and remanded for a new medical opinion that adequately addresses the criteria for eligibility as set forth in VA regulations.
- Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
- Denied
The Veteran's claims for higher ratings for intervertebral disc syndrome and left lower extremity radiculopathy were denied as his conditions did not meet the criteria for a rating in excess of 20 percent.
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