The Veteran's low back disability is currently rated at 40 percent, effective December 3, 2019. The Board has remanded the case for further development.
The deciding factor: The VA examiner found no evidence of unfavorable ankylosis or incapacitating episodes of disc disease that would warrant a higher rating under the General Formula and IVDS Based on Incapacitating Episodes criteria.
- Claimed conditions
- Thoracic Scoliosis, Lumbar Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 23, 2021
- Citation
- 21010016
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 21010016.
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.
- Granted
The Veteran's generalized anxiety disorder, hearing loss, and tinnitus are all granted service connection.,Service connection for GERD is also granted as secondary to the Veteran's service-connected generalized anxiety disorder.
- Granted
The Veteran is granted a TDIU from October 12, 2016 to November 12, 2018 and from January 1, 2019 to July 22, 2019 due to service-connected disabilities preventing him from securing or following any substantially gainful occupation.
- Remanded (sent back)
The Veteran's death was caused by heart failure, which the Board finds may be service-connected through secondary service connection due to obesity resulting from his service-connected PTSD and back disability. However, VA failed to obtain a medical opinion addressing whether obesity is a substantial factor in causing heart failure.
- Granted
The Veteran's service-connected PTSD, lumbar strain, and right shoulder strain have rendered him unable to secure or follow a substantially gainful occupation since October 17, 2018. TDIU is granted effective from that date.
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