The Board has granted a 40 percent rating for the Veteran's lumbar spondylosis with degenerative joint disease from May 9, 2016. The Veteran also received a 60 percent rating for incapacitating episodes of his back disability prior to May 9, 2016. However, the Board has remanded the issue of TDIU due to the Veteran's back disability.
The deciding factor: The evidence did not support ankylosis or unfavorable ankylosis of the spine, but it showed that the Veteran had incapacitating episodes for at least six weeks in a 12-month period prior to May 9, 2016. The Board found that these episodes supported a 60 percent rating under the Formula Based on Incapacitating Episodes.
- Claimed conditions
- lumbar spondylosis with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 14, 2020
- Citation
- 20066346
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.
- Partly granted
The Board granted the restoration of service connection for left shoulder benign scapulothoracic crepitus and remanded other issues for further consideration.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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