The Veteran's lumbar spine degenerative disc disease has been rated at 40 percent since September 6, 2018. The Board found that the Veteran’s thoracolumbar spine forward flexion was limited to up to 20 degrees during the period on appeal.,The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities prior to April 18, 2018.
The deciding factor: The VA examiners found that the Veteran’s lumbar spine degenerative disc disease limited him to lifting up to 25 pounds for only a couple of minutes and standing or walking during flare-ups.
- Claimed conditions
- {"condition_name":"lumbar spine degenerative disc disease, L5-S1","claimed_as":"low back injury"}, {"condition_name":"Cerebrovascular accident (CVA) residuals","claimed_as":""}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2019
- Citation
- 19179960
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 obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.