The RO has restored the Veteran's 40% disability rating for service-connected lumbar degenerative joint disease with lumbar disc herniation, effective May 1, 2020. The issues of increased ratings and earlier effective dates remain pending.
The deciding factor: The evidence did not clearly warrant a conclusion that sustained improvement had been demonstrated in the Veteran's lumbar spine disability over the five-year period for which the rating was in effect.
- Claimed conditions
- lumbar degenerative joint disease with lumbar disc herniation, left knee degenerative arthritis, right knee osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 8, 2021
- Citation
- 21001451
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21001451.
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 has expanded the scope of the claim for major depression to encompass any mental health disability raised by the record and has remanded six issues for additional development.
- Granted
The Board has granted service connection for right knee disability, left knee arthritis, and bilateral knee instability. The decision is based on the Veteran's competent and credible lay evidence regarding the onset of symptoms in service.
- Dismissed
The Veteran's claim for service connection for left knee degenerative arthritis is dismissed. The claims for service connection for psychiatric disability, bilateral hearing loss, and other conditions are granted.
- Remanded (sent back)
The Board has remanded the Veteran's claim for service connection for left knee degenerative arthritis and shin splints due to insufficient rationale in the previous VA examination. The case is now pending with a request for a new opinion.
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