The Board has granted a 40 percent rating for the Veteran's low back injury with scoliosis and degenerative changes of thoracic spine from March 15, 2009 to December 17, 2019. The issue of entitlement to a rating in excess of 10 percent for hiatal hernia is remanded.
The deciding factor: The Veteran's low back injury with scoliosis and degenerative changes of thoracic spine was found to be manifested by pain and stiffness, with forward flexion limited to 30 degrees or less. The Board determined that the Veteran’s condition more closely approximated limitation of forward flexion of the thoracolumbar spine to 30 degrees or less.
- Claimed conditions
- low back injury with scoliosis and degenerative changes of thoracic spine, hiatal hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 15, 2021
- Citation
- 21022282
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 21022282.
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 service connection due to inadequate development of her exposure history and lack of adequate medical opinions. The case will be returned to the AOJ for further action.
- Granted
The Veteran's TDIU rating is granted with an effective date of March 15, 2017.
- Remanded (sent back)
The Veteran's initial disability rating for migraine headaches has been granted at 50 percent. The issue of service connection for hiatal hernia and esophagitis, related to PTSD, is remanded due to inadequate medical opinions.
- Granted
The Veteran's GERD with hiatal hernia is rated at a 30 percent disability rating, effective March 12, 2021.
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