The Board has restored a 40 percent rating for the Veteran's service-connected lumbar spine disability effective June 24, 2014. However, the issue of entitlement to a higher rating than 40 percent remains on appeal.
The deciding factor: The evidence did not demonstrate actual improvement in the Veteran’s ability to function under ordinary conditions of life and work since the January 2011 VA examination.
- Claimed conditions
- herniated intervertebral disc with degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 16, 2020
- Citation
- 20003963
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 obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.