The Veteran's lumbar degenerative disc disease and IVDS are rated at 40 percent from May 21, 2014. The Board has remanded the issues of service connection for these conditions as secondary to other disabilities and for TDIU prior to May 21, 2014.
The deciding factor: The evidence does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
- 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
Veterans Law Judge
Decisions by this judge: 1,680 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using 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.
- Dismissed
The Veteran's appeal for a higher rating for right foot disability status post Mitchell's bunionectomy is granted with an effective date of July 25, 2023.,The Veteran's appeal for a higher rating for left foot disability status post Mitchell's bunionectomy is dismissed as it does not meet the criteria for an earlier effective date.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
- Granted
The Veteran's service connection claims for degenerative disc disease, intervertebral disc syndrome, spinal stenosis, and bilateral lower extremity sciatica have been granted as they are related to his active duty service.
- Dismissed
The Veteran's appeal for an earlier effective date for service connection of intervertebral disc syndrome, traumatic arthritis of the spine with stenosis, and status-post spinal fusion is dismissed due to the Veteran's death.
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