The Board has denied an increase in the ratings for lumbar spondylosis and has remanded the issue of a TDIU rating prior to August 31, 2018.
The deciding factor: The Veteran's lumbar spondylosis was rated at 40 percent effective October 17, 2019. The Board found that the disability did not meet or approximate criteria for a higher rating before and after this date.
- Claimed conditions
- lumbar spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 29, 2020
- Citation
- 20081336
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 Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities, while severe, do not render him unable to obtain or maintain a gainful occupation.
- Granted
The Board granted service connection for diabetes mellitus type II, hypertension, hypothyroidism, prostate cancer, sleep apnea secondary to service-connected diabetes mellitus, tinea pedis, and lumbar spondylosis.
- Partly granted
The Veteran's claim for an earlier effective date of May 1, 2018, for the award of service connection for radiculopathy, right lower extremity, was granted. The appeal for an earlier effective date for TDIU was dismissed as moot.
- Granted
The Board granted service connection for degenerative disc disease, degenerative arthritis, and lumbar spondylosis based on the evidence of record.
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