The Veteran's adjustment disorder with mixed anxiety and depressed mood, associated with degenerative disc disease of the lumbar spine with intervertebral disc syndrome (previously rated as degenerative disc disease, lumbar spine), is being remanded for a new examination to assess current severity.,The Veteran's degenerative disc disease of the lumbar spine with IVDS (previously rated as degenerative disc disease, lumbar spine) is also being remanded for a new examination to assess current severity.,The Veteran's left lower extremity radiculopathy associated with degenerative disc disease, lumbar spine, and right lower extremity radiculopathy are both being remanded for a new examination to assess current severity.,The Veteran's left ankle lateral collateral ligament sprain with osteoarthritis (previously rated as recurrent sprains with degenerative joint disease, left ankle) is also being remanded for a new examination to assess current severity.,The issue of entitlement to a total disability rating based on individual unemployability prior to May 9, 2016 is being remanded.
The deciding factor: All issues are remanded due to the need for updated medical examinations to determine the current severity of service-connected conditions.
- Claimed conditions
- Adjustment Disorder with Mixed Anxiety and Depressed Mood, Degenerative Disc Disease, Lumbar Spine, Left Lower Extremity Radiculopathy, Right Lower Extremity Radiculopathy, Left Ankle Lateral Collateral Ligament Sprain with Osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 11, 2019
- Citation
- 19178181
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 an initial 70 percent disability rating for the veteran's adjustment disorder with mixed anxiety and depressed mood.
- Denied
The Board denied an initial disability rating in excess of 30 percent for adjustment disorder with mixed anxiety and depressed mood.
- Denied
The Board denied the Veteran's claim for a total disability evaluation based upon individual unemployability due to his service-connected adjustment disorder with mixed anxiety and depressed mood, as the evidence did not show that he was unable to obtain or maintain substantially gainful employment.
- Partly granted
The Board denied the veteran's claims for increased ratings and service connection, except for a 20 percent rating for lumbosacral strain.
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