The Veteran's claim for a disability rating in excess of 20 percent for intervertebral disc syndrome (IVDS) is denied. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) on a schedular basis is also denied. The Board has remanded the issues of entitlement to an extraschedular rating for IVDS and to a TDIU on an extraschedular basis, as well as the issue of entitlement to SMC.
The deciding factor: The Veteran's disability ratings are based on the current criteria and do not meet the requirements for higher ratings under the General Rating Formula or the IVDS Formula. The Board has remanded these issues due to the need for additional evidence regarding the impact of medication on driving ability and the etiology of erectile dysfunction.
- Claimed conditions
- Intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2019
- Citation
- 19145341
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.
- Granted
The Board granted service connection for degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), and foraminal stenosis based on a finding that these conditions are related to the Veteran's military service.
- Denied
The Board denied the Veteran's claims for an increased rating for degenerative arthritis of the lumbar spine and a separate rating for traumatic brain injury residuals, finding that the evidence did not support higher ratings.
- Remanded (sent back)
The appeal is remanded for a new VA examination to address the severity of the Veteran's intervertebral disc syndrome without considering the ameliorative effects of medication.
- Partly granted
The Veteran is granted an effective date of October 21, 2019, for a disability rating of 30 percent for left knee meniscal tear, ACL tear, and osteoarthritis status post left total knee replacement.
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