The Veteran's thoracolumbar spine degenerative disc disease was granted a 20 percent evaluation prior to February 6, 2018. The Board found that the evidence did not support an increased rating and remanded for further examination on the issue of whether a higher evaluation is warranted after February 6, 2018.
The deciding factor: The Veteran's thoracolumbar spine degenerative disc disease was manifested by severe flare-ups causing additional loss of motion that more nearly approximated muscle spasms and tenderness resulting in an abnormal gait or spinal contour. The Board found the evidence did not support a higher rating as there was no forward flexion to 30 degrees or less, nor favorable ankylosis.
- Claimed conditions
- thoracolumbar spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 28, 2020
- Citation
- 20036509
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 20036509.
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, including migraine headaches, chronic vertigo, thoracolumbar spine degenerative disc disease, cervical spine degenerative disc disease, left and right lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on the combined effects of these disabilities.
- Denied
The Board denied an earlier effective date for service connection of thoracolumbar spine degenerative disc disease, finding that the Veteran did not file a claim prior to March 1, 2018.
- Remanded (sent back)
The Board remands the issue of entitlement to an evaluation in excess of 20 percent for thoracolumbar spine degenerative disc disease due to a duty to assist error.
- Denied
The Board denied service connection for thoracolumbar spine degenerative disc disease, and found that new and relevant evidence had not been received to readjudicate the claims for left and right lower extremity stent placements in femoral arteries.
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