The Veteran's service-connected lumbar spine disability and right inguinal hernia were not rated higher than 10 percent. The left inguinal hernia was remanded for further review, while TDIU prior to June 21, 2017, was denied.
The deciding factor: The Veteran's service-connected lumbar spine disability and right inguinal hernia did not meet the criteria for a higher rating under the applicable VA rating schedule. The left inguinal hernia required further review as it had not been evaluated yet.
- Claimed conditions
- Degenerative disc disease with spondylolysis and spondylolisthesis, Left inguinal hernia, status post repair (claimed as double hernia), Right inguinal hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2019
- Citation
- 19127066
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.
- Partly granted
The Board denied increased ratings for bilateral hearing loss, right inguinal hernia, non allergic rhinitis, sinusitis, and irritable bowel syndrome (IBS), while granting service connection for left knee strain and left leg shin splints.
- Denied
The Board denied the veteran's claims for a higher initial rating for left inguinal hernia and an initial compensable rating for the scar of the left inguinal hernia, as there was no evidence of recurrent hernia or a painful, unstable, or large scar.
- Partly granted
The Board granted a 10 percent rating for the left inguinal herniorrhaphy scar but denied a compensable rating for the left inguinal hernia and a 10 percent evaluation under 38 C.F.R. § 3.324 based on multiple, noncompensable service-connected disabilities.
- Partly granted
The Board granted service connection for degenerative disc disease with intervertebral disc syndrome of the lumbar spine, right and left lower extremity radiculopathy as secondary to DDD with IVDS, erectile dysfunction as secondary to DDD with IVDS, and special monthly compensation based on loss of use of a creative organ. The appeal was denied for service connection for depression and anxiety, obstructive sleep apnea, hypertension, hypothyroidism, left lower extremity deep vein thrombosis, right and left lower extremity peripheral edema, and inguinal hernias.
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