The Board has denied a rating in excess of 20 percent for the Veteran's lumbosacral spine disability and remanded the issue of entitlement to TDIU. The appeal is currently pending.
The deciding factor: The evidence does not support a higher rating for the lumbosacral spine disability, as there was no objective evidence of forward flexion limited to 30 degrees or less, ankylosis, or IVDS with incapacitating episodes. For TDIU, the VA physician's statement did not adequately capture the Veteran's symptoms and impairments caused by his service-connected disabilities.
- Claimed conditions
- lumbosacral spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2020
- Citation
- 20067141
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 a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Denied
The Board denied service connection for multiple disabilities, including bilateral wrist, ankle, foot, shoulder, allergic rhinitis, sinusitis, lumbosacral spine, and carpal tunnel syndrome, as the evidence did not support a finding that these conditions were related to active service.
- Dismissed
The appeal for service connection for a lumbosacral spine disability and an acquired psychiatric disability is dismissed due to the Veteran's death during the pendency of the appeal.
- Denied
The Board denied service connection for cervical spine, lumbosacral spine, left lower extremity paresthesia, left upper extremity paresthesia, acquired psychiatric disorder, and headaches as they were not shown to be related to the Veteran's military service.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.