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
Veterans Law Judge
Decisions by this judge: 1,104 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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.
- Granted
The Veteran's initial ratings for DJD at L5-S1 with traumatic arthritis of the L3 vertebrae and IVDS have been granted. The Veteran received a 20% rating for DJD from November 30, 2009 onwards.
- 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.
- 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
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.
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