The Veteran's low back condition is rated at 40 percent, effective September 2015. The Board has found the evidence insufficient to grant a higher rating for his lower back condition and has remanded the issues of service connection for left knee and right leg conditions.
The deciding factor: The medical evidence does not support an evaluation greater than 40 percent for the Veteran's low back condition, as there is no evidence of ankylosis or incapacitating episodes of IVDS with prescribed bed rest from a physician.
- Claimed conditions
- Degenerative arthritis with degenerative disc disease of the lumbar spine, Left knee condition, Right leg condition, Myelodysplastic syndrome (MDS) to include essential thrombocythemia (ET)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 5, 2019
- Citation
- 19183636
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.
- Partly granted
The Board denied service connection for bilateral hearing loss and remanded the claims for other specified depressive disorder, generalized anxiety disorder, somatic symptom disorder, alcohol use disorder, left hip condition, left knee condition, left lower extremity radiculopathy, left upper extremity radiculopathy, right hip condition, right knee condition, right lower extremity radiculopathy, right upper extremity radiculopathy, shin splints, left leg, shin splints, right leg, and traumatic brain injury (TBI) for further development.
- Partly granted
The Veteran's service-connected posttraumatic stress disorder (PTSD) is granted an evaluation of 70 percent disabling, but no higher. Other claims for service connection and increased ratings were denied or remanded.
- Granted
The Veteran's service-connected PTSD and related conditions have been found to warrant a 70 percent rating, but no higher. Additionally, the Veteran is granted a total disability rating based upon individual unemployability (TDIU) due to his service-connected disabilities.
- Denied
The Board denied service connection for lumbar spine, right leg, and acquired psychiatric disorder due to lack of new and relevant evidence. Sarcoidosis and sarcoidosis arthritis were also denied as there was no medical evidence linking them to the Veteran's service.
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