The Veteran's back disability and radiculopathy of the left lower extremity are rated based on their current manifestations. The rating for his back disability is denied as it does not meet the criteria for a higher rating, while the separate rating for his radiculopathy remains proper.
The deciding factor: The Veteran’s back disability did not result in ankylosis or incapacitating episodes of IVDS during the appeal period, thus preventing him from meeting the criteria for higher ratings under either the General Rating Formula or the IVDS Formula.
- Claimed conditions
- Degenerative arthritis of the spine with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 5, 2021
- Citation
- 21006758
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. Read the original VA decision (opens in a new tab) using citation 21006758.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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 case for further development due to the need for additional medical opinions regarding the effects of medications on the Veteran's service-connected back disability.
- Dismissed
The appeal for a rating in excess of 20 percent for service-connected degenerative arthritis of the spine with IVDS is dismissed as it has been subsumed by a previous remand.
- Granted
The Board granted a total disability rating for individual unemployability on an extraschedular basis and an effective date of September 17, 2017, for DEA benefits.
- Remanded (sent back)
The Board remands the case for further development to ensure compliance with previous remand directives.
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