The Veteran's initial rating for degenerative disc disease of the lumbar spine, post-fusion decompression L5-S1, with scar is denied. An initial rating of 20 percent, but no higher, for lumbar radiculopathy of the left lower extremity is granted.,Service connection for a neck disorder and TDIU are remanded.
The deciding factor: The Veteran's degenerative disc disease of the lumbar spine, post-fusion decompression L5-S1, with scar does not result in ankylosis or incapacitating episodes of intervertebral disc syndrome (IVDS), associated objective neurological abnormalities other than his separately service-connected radiculopathy of the left lower extremity. Therefore, a higher rating is not warranted.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, post-fusion decompression L5-S1, Lumbar radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 15, 2020
- Citation
- 20066874
Veterans Law Judge
Decisions by this judge: 1,676 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 20066874.
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's service connection for CTS, left, is granted. The claim for a separate disability manifested by left hand pain that is distinct from CTS, left, is denied due to lack of evidence supporting such a condition.
- Remanded (sent back)
The Board remands the matters on appeal for the development requested by the Court, specifically requesting that the AOJ obtain private treatment records from Active Health Chiropractic.
- Remanded (sent back)
The Board remands the Veteran's claims for increased ratings and service connection for lumbar radiculopathy due to errors in the prior decision.
- Remanded (sent back)
The Board remands the claims for a higher disability rating and TDIU due to the need for a new VA examination.
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