The Board has denied a higher initial rating for the appellant's service-connected lumbar spine degenerative disc disease and arthritis, finding that her symptoms do not meet or approximate unfavorable ankylosis of the entire thoracolumbar spine. The left shoulder disability was remanded.
The deciding factor: The appellant’s lumbar spine disability does not manifest with symptoms of, or symptoms equivalent to, unfavorable ankylosis of the entire thoracolumbar spine during flare-ups.
- Claimed conditions
- lumbar spine degenerative disc disease, lumbar spine degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 14, 2020
- Citation
- 20002355
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 Board granted service connection for lumbar spine degenerative arthritis, recurrent right and left shoulder rotator cuff tear residuals, right and left total knee replacement residuals, and right and left foot plantar fasciitis and heel spurs.
- Remanded (sent back)
The Board remands the claims for a higher rating in excess of the current ratings for various musculoskeletal conditions.
- Partly granted
The Board denied a compensable evaluation for hypertension and granted an increased rating of 20 percent for lumbar spine degenerative disc disease from April 13, 2022. The effective date for the right lower extremity radiculopathy was also granted as May 10, 2016.
- Denied
The Board denied the Veteran's claim for an effective date prior to September 20, 2018, for the award of service connection for lumbar spine degenerative disc disease.
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