The Veteran's claim for a higher rating for his lumbar spine disability and right knee condition is being remanded due to the need for further development. The Board will consider both old and new rating criteria, with the more favorable one applied.
The deciding factor: The decision on the Veteran’s claims requires consideration of both pre- and post-regulatory change ratings criteria to determine the most appropriate evaluation based on the evidence provided.
- Claimed conditions
- lumbar spine degenerative disc disease, right knee degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 26, 2021
- Citation
- 21024735
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 21024735.
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 decided to remand the Veteran's claim for service connection for a low back disability, as there are insufficient medical opinions and records. The case will be returned to the AOJ for further development.
- Granted
The Veteran's claim for service connection for right knee degenerative joint disease, including secondary to a service-connected left knee disability, is granted. The condition was not related to military service and no aggravation by the service-connected left knee disability could be established.
- Denied
The Veteran's initial rating for lumbar spine degenerative disc disease was denied, and his claims for right knee, left knee, right hand, left hand, GERD, neck disability, and bilateral hearing loss were also denied. The effective date of service connection for obstructive sleep apnea was granted on December 14, 2022.
- Dismissed
The appeal for service connection of left knee condition, lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis is dismissed due to lack of jurisdiction over the August 2021 rating decision. Service connection for lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis are granted.
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