The Board has determined that additional development is needed for the issues of an initial evaluation in excess of 10 percent disabling, separate evaluations for radiculopathy, and TDIU. The case will be returned to the Board after compliance with appellate procedures.
The deciding factor: Additional development is required due to the need for a new VA examination to evaluate the severity of the Veteran's spine disability.
- Claimed conditions
- Degenerative Disc Disease (DDD), lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2020
- Citation
- 20074993
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.
- Granted
The veteran was granted a total disability rating based on individual unemployability due to his service-connected disabilities.
- Denied
The Board denied service connection for a back disorder, including degenerative disc disease, degenerative arthritis, spondylolisthesis, and compression fracture at L2, as the evidence did not support a finding that these conditions were incurred in or aggravated by service.
- Partly granted
The Board granted service connection for right knee strain, left knee strain, lumbar radiculopathy of the right lower extremity, and lumbar radiculopathy of the left lower extremity. It also granted initial ratings for various disabilities including a 20 percent rating for lumbar degenerative disc disease with intervertebral disc syndrome, spondylosis, and spondylolisthesis, a 30 percent rating for labral tear, including superior labral anterior-posterior lesion, status post surgical repair, and higher ratings for other conditions.
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