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Remanded (sent back)

The Veteran's low back disability is rated at 40 percent prior to July 28, 2011 and in excess of 40 percent thereafter. The left knee disability remains under appeal. TDIU and SMC based on need for aid and attendance or being housebound are also pending.

The deciding factor: The Veteran's low back disability does not meet the criteria for a higher rating due to functional limitations, but is currently rated at 40 percent as of July 28, 2011. The left knee disability remains under appeal. TDIU and SMC based on need for aid and attendance or being housebound are also pending.

Claimed conditions
lumbosacral strain, intervertebral disc syndrome
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
40%
Decision date
November 29, 2019
Citation
19190125

Veterans Law Judge

K. OSBORNE

Decisions by this judge: 832 · Granted: 18% (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 19190125.

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.

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