The Veteran's service-connected degenerative disc disease of the lumbar spine with arthritis is currently rated at 10 percent prior to October 11, 2019 and at 20 percent on or after that date. The Board has determined additional development is needed due to a remand in a previous case.
The deciding factor: The Veteran's claim was previously remanded by the Court of Appeals for Veterans Claims (CAVC) in Correia v. McDonald, which requires VA examinations to include joint testing for pain on both active and passive range of motion, as well as with weight-bearing and nonweight-bearing.
- Claimed conditions
- Degenerative disc disease of the lumbar spine with arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 22, 2020
- Citation
- 20049068
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 20049068.
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 lumbar spine disability is rated at 40 percent, but no higher.,The Veteran's left and right lower extremity radiculopathy are each rated at 40 percent, but no higher.
- Granted
The Veteran's service connection claim for degenerative disc disease of the lumbar spine with arthritis is granted as his current condition can be linked to his in-service symptoms and post-service progression.
- Granted
The Veteran's lumbar spine condition is granted a 40% rating, and his right knee conditions are denied increased ratings. Service connection for pseudofolliculitis barbae (skin disability) is remanded.
- Denied
The Veteran's degenerative disc disease of the lumbar spine with arthritis was not incurred in or aggravated by service, and there is no evidence of a nexus between his current condition and service. The Board found that the Veteran did not sustain an injury to his lumbar spine during service and had no continuous symptoms following discharge.
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