The Veteran's lumbosacral strain is currently rated at 40 percent, and the Board has determined that remand is necessary to address his claim for a higher rating.,The Veteran contends he should have an effective date earlier than September 1, 2014, for dependency benefits. The RO found no evidence of such within one year of notification of the rating action.
The deciding factor: The Board has determined that remand is necessary to address the Veteran's claim as he does not have ankylosis or IVDS and his symptoms do not meet criteria for a higher rating based on incapacitating episodes.,The effective date issue requires consideration of whether proof of dependent status was submitted within one year of notification of the rating action.
- Claimed conditions
- chronic gastritis, lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 11, 2019
- Citation
- 19178226
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 service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Partly granted
The Board granted a 20 percent rating for right leg sciatica with radiculopathy pain and paresthesia, but denied increased ratings for PTSD, lumbosacral strain, left wrist limitation of motion with ganglion cyst, and service connection for headaches, unspecified. Several issues were remanded.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
- Partly granted
The Board denied a disability rating greater than 10 percent for tinnitus and a rating greater than 20 percent for lumbosacral strain, but granted a 20 percent rating for left lower extremity sciatic radiculopathy and right lower extremity sciatic radiculopathy.
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