The Veteran's thoracolumbar spine strain with degenerative disc disease and joint disease is rated at 40 percent, which does not meet the criteria for a higher rating. The Board has remanded this issue due to conflicting medical opinions regarding whether the condition warrants an increased evaluation. For his TDIU claim since May 18, 2011, the Veteran meets the requirements as he is unable to secure or follow substantially gainful employment due to service-connected disabilities.
The deciding factor: The Veteran's thoracolumbar spine strain with degenerative disc disease and joint disease does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine, as there is no evidence of unfavorable ankylosis or incapacitating episodes over the past 12 months.
- Claimed conditions
- thoracolumbar spine strain with degenerative disc disease and joint disease, rheumatoid arthritis (implied by radiculopathy), ankle tendonitis (left and right), fracture of the left fourth finger, hyperextension injury of the dorsum of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 5, 2020
- Citation
- 20071419
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 20071419.
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-connected back disability, along with other disabilities, has rendered him unable to secure and follow substantially gainful employment prior to May 18, 2011.
- Remanded (sent back)
The Board has determined that there are new and material issues related to the Veteran's claims for increased ratings, propriety of a ratings reduction, and TDIU. The VA must obtain any outstanding treatment records and Social Security Administration (SSA) records before these matters can be further adjudicated.
- Remanded (sent back)
The Veteran's back condition and radiculopathy of the lower extremities are not rated higher than their current levels, with some issues remanded for further evaluation.
- Denied
The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of diabetes mellitus being incurred in or aggravated by service, and the cervical spine and lumbar spine disabilities did not meet the criteria for higher ratings.
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