The Veteran's claim for a higher rating for his lumbar spine disability was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 20 percent, as there was no forward flexion limited to 30 degrees or less and no ankylosis. The case is remanded due to other issues.
The deciding factor: The Veteran's lumbar spine disability did not meet the criteria for a higher rating under the General Rating Formula for Diseases or Injuries of the Spine, as there was no forward flexion limited to 30 degrees or less and no ankylosis.
- Claimed conditions
- Degenerative Disc Disease (DDD), Arthritis, Spinal Fusion, IVDS
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2020
- Citation
- 20073253
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.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative disc disease and associated radiculopathy, as the record does not include all relevant treatment records prior to back surgery.
- Denied
The Board denied the veteran's claims for earlier effective dates and increased ratings, finding that the earliest possible effective date was September 9, 2022.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent for right third toe disability and entitlement to TDIU due to outstanding evidence and further development.
- Partly granted
The Board granted earlier effective dates for service connection and a higher disability rating for the Veteran's psychiatric condition.
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