The Veteran's appeal for an increased initial evaluation for his service-connected low back disability is being remanded due to the need to schedule a DRO hearing. The current evaluation of 10 percent prior to July 21, 2020, and 20 percent thereafter, remains unchanged.
The deciding factor: The appeal requires scheduling a DRO hearing for the Veteran's service-connected low back disability issue.
- Claimed conditions
- Degenerative Joint Disease, Degenerative Disc Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- 20066515
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.
- Granted
The Veteran is granted a total disability rating based on individual unemployability due to her service-connected disabilities, which include posttraumatic stress disorder and various musculoskeletal conditions.
- Granted
The Board granted a higher level of SMC under 38 U.S.C. § 1114(t) for the Veteran's residuals of traumatic brain injury (TBI), effective March 2, 2022.
- Remanded (sent back)
The Board remands the issue of entitlement to a total disability based upon individual unemployability (TDIU) prior to April 7, 2022, for further development and evidence collection.
- Granted
The Veteran's knee disabilities have been rated based on their effects on his ability to perform activities of daily living, with a 30 percent rating for post-operative residuals and a 40 percent rating for limited extension. A separate 10 percent rating has also been granted for symptomatic removal of semilunar cartilage.
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