The Board has remanded the claims for an initial rating in excess of 10 percent prior to November 20, 2009 and in excess of 20 percent thereafter for degenerative joint disease (DJD) at L5-S1 with traumatic arthritis of the L3 vertebrae, and a rating in excess of 40 percent for intervertebral disc syndrome (IVDS) of the right lower extremity due to incomplete compliance with previous directives.
The deciding factor: The AOJ needs to ensure compliance with previous directives regarding treatment medical records and former rating criteria of the lumbar spine prior to September 23, 2002 or September 26, 2003. Additionally, a new examination is required for the Veteran's low back disability due to inadequate previous examinations.
- Claimed conditions
- Degenerative Joint Disease (DJD) at L5-S1 with traumatic arthritis of the L3 vertebrae, Intervertebral Disc Syndrome (IVDS) of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2019
- Citation
- 19177270
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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