The Veteran's lumbar spine disability, including associated neurological manifestations, is currently rated as 20 percent disabling from March 1, 2009, to March 27, 2018, and in excess of 40 percent thereafter. The Board has jurisdiction over the propriety of these ratings and effective dates.
The deciding factor: The Veteran's lumbar spine disability does not meet or approximate criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine (General Rating Formula) or the IVDS Formula due to lack of incapacitating episodes as required by the IVDS Formula, and because his forward flexion is greater than 30 degrees but less than 60 degrees.
- Claimed conditions
- Degenerative disc disease, Spinal stenosis, Disc protrusion, Degenerative arthritis of the lumbar spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2020
- Citation
- 20023839
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 20023839.
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 low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Granted
The Veteran's claim for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
- Granted
The Veteran's degenerative arthritis of the lumbar spine was diagnosed during service and has continued since then. The Board granted service connection for this condition based on continuity of symptomatology.
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