The Board denied a higher disability rating for the Veteran's back disability and remanded her claim of character of discharge determination. The appeal is currently pending.
The deciding factor: The evidence did not meet the criteria for a higher disability rating based on the severity of the Veteran’s symptoms, but the character of discharge determination was remanded due to procedural issues.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, IVDS, Spinal fusion, Post-laminectomy pain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2020
- Citation
- 20070560
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 20 percent rating for spinal fusion and prior to November 2, 2023, granted ratings of 40%, 60%, and 30% for left lumbar radiculopathy of the sciatic nerve, right lumbar radiculopathy of the sciatic nerve, and left lumbar radiculopathy of the femoral nerve respectively. For periods after November 2, 2023, it denied ratings in excess of 20% for all conditions.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
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