The Veteran's lumbar degenerative disc disease and IVDS are rated at 40 percent from May 21, 2014. The appeal is remanded for further development.,Service connection for IVDS secondary to service-connected disabilities, sciatica of the left leg as secondary to service-connected disabilities, and TDIU prior to May 21, 2014 are also remanded.
The deciding factor: The Veteran's lumbar degenerative disc disease and IVDS have been rated at 40 percent from May 21, 2014 due to incapacitating episodes having a total duration of at least one week but less than two weeks. Further development is needed for service connection claims.
- Claimed conditions
- lumbar degenerative disc disease, intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 31, 2019
- Citation
- 19182714
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 a 40 percent rating for the Veteran's lumbar degenerative disc disease, resolving reasonable doubt in favor of the claimant.
- Remanded (sent back)
The Board remands the issue of entitlement to an earlier effective date for the grant of service connection for lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome.
- Partly granted
The Board granted a separate 20 percent rating for intervertebral disc syndrome based on limited cervical range of motion and a 40 percent rating for IVDS based on limited thoracolumbar range of motion, while dismissing the appeal for service connection for a right knee disability.
- Granted
The Board granted service connection for a lumbar spine disability, diagnosed as degenerative disc disease and degenerative joint disease, intervertebral disc syndrome (IVDS), and lumbosacral strain, based on the Veteran's consistent account of having low back problems since service.
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