The Veteran's back disability was evaluated as 20 percent disabling prior to July 29, 2015 and 40 percent disabling starting from that date. The appeal is remanded for further development.,For the period starting July 29, 2015, the Veteran’s degenerative disc disease of the lumbar spine was characterized by forward flexion limited to 10 degrees but not ankylosis. A higher rating is denied as the criteria are not met.,The procedure to implant a pain pump did not require convalescence from August 2016 to October 2016, and thus the temporary total rating for convalescence is denied.
The deciding factor: The Veteran's disability picture does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.,The evidence shows that the Veteran’s degenerative disc disease of the lumbar spine caused pain, limited motion, and an abnormal spinal contour. These manifestations are already contemplated by the 20 percent and 40 percent ratings assigned.,The procedure to implant a pain pump did not result in any of the conditions required for a temporary total rating under 38 C.F.R. § 4.30(a).
- Claimed conditions
- Degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2021
- Citation
- 21004489
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 21004489.
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 remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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