The Veteran's bilateral inguinal hernia status post laparoscopic repair is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.,For the period from July 14, 2014 up to September 23, 2014, the Veteran's service-connected degenerative arthritis of the spine with intervertebral disc syndrome (IVDS) disability does not meet or approximate the criteria for a rating in excess of 40 percent.,For the period from September 24, 2014 to present, the Veteran's service-connected degenerative arthritis of the spine with intervertebral disc syndrome (IVDS) disability does not meet or approximate the criteria for a rating in excess of 20 percent.
The deciding factor: The preponderance of the evidence is against finding that the Veteran is entitled to a compensable rating for his service-connected bilateral inguinal hernia status post laparoscopic repair. The objective medical evidence shows no true hernia protrusion and the Veteran's disability is asymptomatic.,For the period from July 14, 2014 up to September 23, 2014, the preponderance of the evidence does not support a finding that the Veteran’s service-connected degenerative arthritis of the spine with intervertebral disc syndrome (IVDS) disability manifests with forward flexion of the thoracolumbar spine to 30 degrees or less; or favorable ankylosis of the entire thoracolumbar spine. The VA examiner did not address the prior diagnoses of osteoarthritis and contemporaneous diagnostic testing.,For the period from September 24, 2014 to present, the preponderance of the evidence does not support a finding that the Veteran’s service-connected degenerative arthritis of the spine with intervertebral disc syndrome (IVDS) disability manifests with forward flexion of the thoracolumbar spine to 30 degrees or less; or favorable ankylosis of the entire thoracolumbar spine. The absence of prescribed bed rest by a physician for a duration that meets the criteria for a higher rating under the formula for rating IVDS based on incapacitating episodes precludes a rating from being assigned.
- Claimed conditions
- Bilateral inguinal hernia status post laparoscopic repair, Degenerative arthritis of the spine with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 27, 2020
- Citation
- 20049800
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 20049800.
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.
- Remanded (sent back)
The Board has remanded the case for further development due to the need for additional medical opinions regarding the effects of medications on the Veteran's service-connected back disability.
- Dismissed
The appeal for a rating in excess of 20 percent for service-connected degenerative arthritis of the spine with IVDS is dismissed as it has been subsumed by a previous remand.
- Granted
The Board granted a total disability rating for individual unemployability on an extraschedular basis and an effective date of September 17, 2017, for DEA benefits.
- Remanded (sent back)
The Board remands the case for further development to ensure compliance with previous remand directives.
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