The Veteran's appeal was denied for a disability rating in excess of 20 percent for his low back disability prior to December 10, 2019. The Veteran's appeal was also denied for a higher rating from December 10, 2019.,The Veteran's appeal was remanded for the issue of entitlement to TDIU prior to August 16, 2016.
The deciding factor: The criteria for a disability rating in excess of 20 percent were not met as the Veteran’s forward flexion did not limit to 30 degrees or less and there was no unfavorable ankylosis.,The criteria for a higher rating from December 10, 2019 were not met as the Veteran's forward flexion was limited to 40 degrees after considering additional limitation due to pain, weakness, incoordination, and fatiguability.
- Claimed conditions
- scoliosis, paravertebral muscle spasm, chronic low back pain, slight leg length discrepancy, slight pelvic tilt
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 30, 2020
- Citation
- 20050942
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 20050942.
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 Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
- Remanded (sent back)
The Board has decided to remand the case due to deficiencies in the duty to assist, and will require a VA examination to determine if the Veteran's pre-existing scoliosis and/or additional lumbar vertebra clearly and unmistakably existed prior to service and whether any increase in severity during service was due to natural progression.
- Granted
The Board has determined that the Veteran's chronic low back pain was incurred in service and continues to this day, granting her claim for service connection.
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