The Veteran's lumbosacral strain with degenerative arthritis of the spine, IVDS, spinal stenosis, and scoliosis is rated at 20 percent prior to July 13, 2015, and at 40 percent since that date.,An initial disability rating in excess of 30 percent for depressive disorder was granted from May 9, 2018 to September 10, 2018. A higher rating is denied as of September 10, 2018.
The deciding factor: The Veteran's lumbosacral strain disability did not meet the criteria for a higher rating due to ankylosis or flexion limited to less than 30 degrees prior to July 13, 2015. Since then, his symptoms have not approximated unfavorable ankylosis of the entire thoracolumbar spine.
- Claimed conditions
- lumbosacral strain with degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), spinal stenosis, and scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2019
- Citation
- 19193255
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 19193255.
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.
- Remanded (sent back)
The Board remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- 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.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- 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.
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