The Veteran's spine disability is rated at 40 percent, which does not meet his contention for a higher rating. The Board finds that the preponderance of evidence is against a higher rating.,The Veteran’s hypertension has been rated at 10 percent and does not meet his contention for a higher rating. The Board finds that the preponderance of evidence is against a higher rating.
The deciding factor: The May 2018 VA examination showed forward flexion of 75 degrees, which is less than 30 degrees or unfavorable ankylosis, and does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- {"condition_name":"Degenerative arthritis of the thoracolumbar spine"}, {"condition_name":"Hypertension"}, {"condition_name":"Left ankle tendonitis"}, {"condition_name":"Right ankle tendonitis"}
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2020
- Citation
- 20064452
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.