The Veteran's initial evaluation for degenerative disc disease of the lumbar spine was increased from 20% to 40%, effective January 25, 2016. The appeal is remanded due to procedural issues.
The deciding factor: The most probative evidence reflects that the Veteran’s service-connected degenerative disc disease of the lumbar spine is manifested by forward flexion of the thoracolumbar spine of 30 degrees or less and intervertebral disc syndrome resulting in with incapacitating episodes having a total duration of least four weeks, but fewer than six weeks, of doctor-prescribed bed rest in a 12-month period during that time.
- Claimed conditions
- Degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 31, 2019
- Citation
- 19196960
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 19196960.
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 Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
- Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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