The Veteran's service-connected lumbar spondylosis, degenerative disc space narrowing, and lumbar intervertebral disc syndrome is rated at 40 percent prior to September 9, 2015. The Board has remanded the claims for increased disability ratings and earlier effective dates.
The deciding factor: The Veteran's service-connected lumbar spondylosis, degenerative disc space narrowing, and lumbar intervertebral disc syndrome is rated at its maximum under the General Rating Formula for Diseases and Injuries of the Spine. The Board has remanded the claims as there are no additional issues to address.
- Claimed conditions
- lumbar spondylosis, degenerative disc space narrowing, lumbar intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 25, 2019
- Citation
- 19132622
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 claim for a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities, while severe, do not render him unable to obtain or maintain a gainful occupation.
- Granted
The Board granted service connection for diabetes mellitus type II, hypertension, hypothyroidism, prostate cancer, sleep apnea secondary to service-connected diabetes mellitus, tinea pedis, and lumbar spondylosis.
- Partly granted
The Veteran's claim for an earlier effective date of May 1, 2018, for the award of service connection for radiculopathy, right lower extremity, was granted. The appeal for an earlier effective date for TDIU was dismissed as moot.
- Remanded (sent back)
The Board remands the claim for an initial disability rating higher than 40 percent for lumbar intervertebral disc syndrome, degenerative arthritis, degenerative disc disease, spondylosis with moderate-severe foraminal spinal stenosis and scoliosis to obtain a retrospective medical opinion addressing the severity of the Veteran's lumbar spine disability from August 24, 2012, to June 24, 2020.
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