The Veteran's claim for increased ratings for IVDS with degenerative arthritis of the lumbar spine was denied. The Board found that the disability did not meet criteria for a higher rating from August 5, 2005 to November 9, 2008; and from December 11, 2008 to June 10, 2010, or in excess of 20 percent thereafter. The issues of service connection for right hip osteoarthritis as secondary to service-connected disability and a stomach hernia were remanded.
The deciding factor: The Veteran's IVDS with degenerative arthritis of the lumbar spine did not meet criteria for higher ratings based on limitation of motion or incapacitating episodes, and no higher rating was warranted under the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome (IVDS) Based on Incapacitating Episodes.
- Claimed conditions
- IVDS with degenerative arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 10, 2020
- Citation
- 20072433
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.
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- Granted
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- Remanded (sent back)
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