The Veteran's claim for an increased rating for his lumbar spine scoliosis with intervertebral disc syndrome was denied, as the evidence did not show unfavorable ankylosis or incapacitating episodes.,The Veteran's claims for initial ratings in excess of 10 percent for right and left lower extremity radiculopathy were remanded due to a lack of recent VA examination.
The deciding factor: The preponderance of the evidence did not show unfavorable ankylosis or incapacitating episodes, which are required for higher ratings under the General Rating Formula for Diseases and Injuries of the Spine.,VA treatment records from January 2019 to present were requested as the Veteran alleged his disabilities had worsened since his last VA examination.
- Claimed conditions
- lumbar spine scoliosis with intervertebral disc syndrome, radiculopathy, right lower extremity, femoral nerve associated with lumbar spine scoliosis status post lower back surgery with intervertebral disc syndrome, radiculopathy, left lower extremity, femoral nerve associated with lumbar spine scoliosis status post lower back surgery with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 18, 2019
- Citation
- 19172471
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 19172471.
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.
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- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
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- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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