The appeal for a higher rating for lumbar spine spondylolisthesis is denied. The appeals for service connection of cervical spine disorder and initial ratings for lower extremity radiculopathy are remanded.
The deciding factor: The evidence does not show unfavorable ankylosis of the entire thoracolumbar spine, which would be required for a higher rating.
- Claimed conditions
- lumbar spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 18, 2019
- Citation
- 19179551
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.
- Dismissed
The Veteran withdrew her appeal of all claims currently pending before the Board, including those for an earlier effective date for hypothyroidism and higher ratings for various conditions.
- Remanded (sent back)
The Board remands the claim for an increased evaluation of lumbar spondylolisthesis due to an inadequate VA examination.
- Partly granted
The Board granted service connection for lumbar spondylolisthesis and bilateral ankle dermatitis, restored the ratings for left knee limitation of extension, left ankle degenerative joint disease (DJD), and right ankle DJD, and denied service connection for sinusitis, chronic fatigue syndrome (CFS), a right 5th finger scar, increased ratings for left knee flexion and extension, and rhinitis.
- Dismissed
The Veteran's appeal was dismissed because the Veteran requested to withdraw the appeal.
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