The Veteran's DJD of the thoracolumbar spine has been rated at 20 percent prior to November 14, 2017 and at 40 percent beginning from that date. The Board has remanded his claims for higher ratings due to new evidence.
The deciding factor: The Veteran’s current range of motion is limited with forward flexion not exceeding 25 degrees and extension not exceeding 10 degrees, which does not meet the criteria for a higher rating under Diagnostic Code 5242.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2019
- Citation
- 19101041
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 Board denied the Veteran's claims for an earlier effective date, a higher rating for DJD of the right hip with limitation of rotation and adduction, and higher ratings for DJD of the thoracolumbar spine.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete information regarding her reported flare-ups. The VA will obtain updated treatment records, schedule a new examination, and then readjudicate the claims.
- Denied
The Veteran's claims for service connection and increased ratings were denied. The claim for an initial rating greater than 40 percent for left lower extremity sciatic radiculopathy was also denied.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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