The Veteran's IVDS with degenerative arthritis and lumbar strain is currently rated at 20 percent prior to February 12, 2020 and remanded for further evaluation. From February 12, 2020 forward, the Veteran's condition remains rated at 20 percent.
The deciding factor: The evidence does not meet the criteria for a higher rating under either the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
- Claimed conditions
- Intervertebral Disc Syndrome (IVDS), degenerative arthritis with lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2020
- Citation
- 20071732
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 service connection for tinnitus and left ear hearing loss disability, but remanded the issue of a compensable rating for right ear hearing loss. The increased rating claim for IVDS was withdrawn by the Veteran.
- Partly granted
The Board granted a restored 20% rating for lumbar strain, an increased 40% rating for left lower extremity radiculopathy, and a 40% rating for right lower extremity radiculopathy. The appeal regarding service connection for IVDS was dismissed as moot.
- Partly granted
The Board granted service connection for IVDS, left and right lower extremity radiculopathies (sciatic and femoral nerves), and increased the rating for PTSD and claustrophobia to 70 percent. The right knee condition and erectile dysfunction were remanded.
- Partly granted
The Board granted service connection for diabetes mellitus type 2 and an initial 40 percent rating for IVDS, while denying higher ratings for radiculopathy of the lower extremities, a residual scar, and bilateral foot disability. The effective date for TDIU and DEA benefits was also granted.
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