The Veteran's mechanical low back pain, lumbar spine with degenerative changes, is currently rated as 20 percent disabling. The Board has found that the evidence does not support a higher rating.,Other claims have been remanded for further development and consideration.
The deciding factor: The evidence does not consistently show forward flexion of the lumbar spine at or below 30 degrees, which is required for a higher disability rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Mechanical low back pain, lumbar spine with degenerative changes, Obstructive sleep apnea, Left hip disability, Right hip disability, Gastroesophageal reflux disease (GERD), Right (minor) shoulder degenerative joint disease with supraspinatus tendon tear status post arthroscopy, Left (major) shoulder degenerative joint disease, Residuals of bunionectomy, hallux valgus, right foot, Left foot hallux valgus, Bilateral pes planus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2019
- Citation
- 19177717
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 earlier effective dates of November 5, 2021, for the grants of service connection and eligibility for DEA benefits.
- Remanded (sent back)
The Board remands the matters for additional development, including obtaining private treatment records and conducting VA examinations.
- Denied
The Board denied service connection for an acquired psychiatric disorder, chronic rhinitis, and obstructive sleep apnea. The headache claim was remanded for further examination.
- Partly granted
The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
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