The Board has remanded the Veteran's claims for a rating in excess of 10 percent for her service-connected lumbar spine disability and for TDIU due to additional development being required. The Veteran is still required to provide information about her employment, including dates when her disabilities affected full-time employment.
The deciding factor: The Board found that the current evidence was inadequate for rating purposes because it did not contain range of motion evaluations considering pain on passive testing and weight-bearing and non-weight-bearing movements.
- Claimed conditions
- Degenerative disc disease, Degenerative arthrosis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2020
- Citation
- 20081252
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.
- Denied
The appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
- Remanded (sent back)
The Board remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Partly granted
The Board granted a higher initial rating of 40 percent for degenerative arthritis, degenerative disc disease, lumbosacral strain, and scoliosis, but remanded the other issues.
- Granted
The Board granted service connection for degenerative disc disease, effective November 21, 2022.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.