The Veteran's claims for a higher rating for his service-connected low back disability and TDIU have been remanded due to the need for additional medical examination, updated VA treatment records, and consideration of functional loss during flare-ups or on repeated use.
The deciding factor: The November 2018 VA examination was inadequate as it did not include all information needed to determine whether a higher rating is warranted for the Veteran's service-connected low back disability based on additional functional loss during flare-ups or after repetitive use over time.
- Claimed conditions
- Degenerative disc and joint disease, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 27, 2020
- Citation
- 20014687
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 20014687.
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.
- Denied
The Veteran's initial claim for a higher rating for his service-connected lumbar spine disability is denied as he does not have ankylosis of the spine or symptoms comparable to unfavorable ankylosis.,The Veteran's initial claims for higher ratings for his left and right lower extremity radiculopathy are denied as they do not meet the criteria for a rating higher than 40 percent prior to July 1, 2014 and thereafter, and 10 percent prior to November 1, 2019 and thereafter.,The Veteran's initial claim for a higher rating for his right lower extremity radiculopathy is denied as it does not meet the criteria for a rating higher than 40 percent from November 1, 2019 onward.
- Granted
The Veteran's low back disability has been rated at 40 percent, the maximum schedular rating available. The appeal is granted.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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