The Veteran's claim for a rating in excess of 20 percent for his lumbar spine disability prior to January 19, 2018, is denied. The case is remanded due to the need for additional development and adjudication.
The deciding factor: VA examinations showed that the Veteran did not have forward flexion of the thoracolumbar spine of 30 degrees or less, nor any signs of ankylosis, which are required for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Degenerative disc disease (DDD), Degenerative joint disease (DJD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 24, 2020
- Citation
- 20074969
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 degenerative joint disease rendered him so helpless as to require the aid and attendance of another individual, warranting an award of special monthly compensation based on the need for regular aid and attendance.
- Denied
The Board denied the veteran's claims for an earlier effective date and service connection for sleep apnea, finding no clear and unmistakable error in the prior rating decisions and no evidence linking the sleep apnea to service or a service-connected disability.
- Partly granted
The Board granted an initial rating of 20 percent for left and right lower extremity radiculopathy, but remanded other claims related to obstructive sleep apnea, bladder condition, left knee disability, degenerative disc disease, bilateral hearing loss, and right shoulder disability.
- Remanded (sent back)
The Board remands the case for further development, including an examination to address potential neurological symptoms related to the Veteran's service-connected back condition.
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