The Veteran's claim for a higher rating for thoracolumbar spine degenerative disc disease is denied as there is no evidence of ankylosis or limitation of motion to 30 degrees.,The Veteran's claims for service connection for right and left knee disabilities, ischemic heart disease (IHD), bilateral hearing loss, and tinnitus are remanded for further development.
The deciding factor: The evidence does not show ankylosis or limitation of motion to 30 degrees in the thoracolumbar spine, which is required for a higher than 20 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.,Service connection may be granted on a secondary basis if there is evidence that a service-connected disability aggravates another condition. The Veteran's knee disabilities are remanded to determine whether they are aggravated by his service-connected right ankle disability.
- Claimed conditions
- Bilateral Hearing Loss, Ischemic Heart Disease (IHD), Left Knee Disability, Right Knee Disability, Thoracolumbar Spine Degenerative Disc Disease, Tinnitus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 8, 2019
- Citation
- 19110304
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19110304.
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 Veteran's service-connected knee disabilities are rated at 10% each, and the Board finds that higher ratings are not warranted based on the evidence of record.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board has determined that the Veteran's bilateral knee disabilities are not related to his active service, and thus denied both claims for service connection.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.