The Veteran's lumbar strain with myositis is rated at 40 percent, but no higher. The case of total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.
The deciding factor: The VA examinations showed severe pain and impairment of movement, along with functional loss, which more nearly approximated the criteria for a 40 percent rating.
- Claimed conditions
- lumbar strain with myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 2, 2019
- Citation
- 19100011
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 remanded the case for further development due to inconsistencies in medical opinions and need for clarification regarding the Veteran's ability to perform 'medium work' despite his service-connected disabilities. The TDIU claim is also being referred for extraschedular consideration.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.