The Board has dismissed the claim for an increased rating of thoracolumbar spine strain with DJD and DDD from September 28, 2011 to March 7, 2013. The claims for a higher evaluation of right knee residuals and service connection for a right hip condition are remanded due to inadequate examinations.
The deciding factor: The most recent VA examinations did not adequately address the severity of the Veteran's symptoms during flareups and provided insufficient information about functional loss or impairment.
- Claimed conditions
- thoracolumbar spine strain, degenerative joint disease (DJD), degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2020
- Citation
- 20080598
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 Veteran was granted an initial disability rating of 40 percent for lumbosacral strain, DJD, from December 17, 1997 to June 3, 2022, and the effective date for service connection for bilateral lower extremity radiculopathy was also set at December 17, 1997. However, a higher rating or TDIU was denied.
- Dismissed
The appeal for service connection for degenerative disc disease (DDD) was dismissed by the Veteran in written correspondence.
- Dismissed
The appeal was dismissed as the proposed rating reductions for thoracolumbar spine strain and acne, and the initial ratings for bilateral hip disabilities were not properly appealed.
- Dismissed
The Veteran withdrew the appeals for service connection for bulging cervical discs to include degenerative arthritis and thoracolumbar spine strain.
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