The Board has remanded the claim for a rating in excess of 40 percent for low back strain with degenerative changes due to inadequate examination and opinion regarding the severity of the Veteran's disability.
The deciding factor: The VA examiner’s opinion was found to be inadequate as it only addressed recent impairment, did not fully address the significance of an inability to stand erect, and contradicted findings from previous examinations.
- Claimed conditions
- Low back strain with degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 15, 2020
- Citation
- 20047304
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 20047304.
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.
- Dismissed
The appeal of the proposed reduction from 30 percent to 10 percent for GERD is dismissed. The appeal of a disability rating in excess of 20 percent for low back strain with degenerative changes is denied.
- Granted
The Veteran's service-connected disabilities prevented him from securing and following any substantially gainful occupation prior to October 22, 2020.
- Denied
The Veteran's appeals for higher ratings for his bilateral upper extremity and back disabilities were denied. The rating for ulnar nerve entrapment at elbow (left upper extremity) was denied as the disability did not meet the criteria for a greater than 20 percent rating. Similarly, the rating for carpal tunnel syndrome and ulnar nerve entrapment at elbow (right upper extremity) was also denied. The rating for low back strain with degenerative changes was denied due to lack of evidence showing severe incomplete paralysis or ankylosis.
- Granted
The Veteran was granted a total disability rating due to individual unemployability (TDIU) from May 1, 2011. The decision is based on the Veteran's service-connected disabilities and their impact on his ability to secure and follow substantially gainful employment.
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