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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 19172471.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Whole decision: 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.
- Whole decision: Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
- Whole decision: 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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