The Veteran's back disability was rated at 10 percent from August 31, 2009, to February 18, 2010, and May 1, 2010, to October 9, 2019. After October 9, 2019, the Veteran's disability was rated at 20 percent.,The Veteran is seeking a higher rating for his back disability after October 9, 2019.
The deciding factor: The evidence does not support a higher rating based on the current criteria due to lack of additional impairment in motion or ankylosis.
- Claimed conditions
- Degenerative Disc Disease, Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 11, 2021
- Citation
- 21028661
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 21028661.
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.
- Denied
The Veteran's degenerative disc disease, lumbar spine is currently rated at 20 percent and the Board finds that a higher rating is not warranted based on the evidence of record. The Veteran’s forward flexion was found to be up to 40 degrees with pain in the December 2019 VA examination.
- Remanded (sent back)
The Veteran's claims for increased ratings are being remanded due to the need for additional examinations to assess the severity of his service-connected disabilities.
- Remanded (sent back)
The Board has determined that additional medical examinations are needed to assess the current severity of the Veteran's service-connected conditions, including adjustment disorder with mixed anxiety and depressed mood, degenerative disc disease lumbar spine, left lower extremity radiculopathy, right lower extremity radiculopathy, and left ankle lateral collateral ligament sprain with osteoarthritis. The Board has also determined that a remand is necessary for the issue of entitlement to a total disability rating based on individual unemployability prior to May 9, 2016.
- Dismissed
The Veteran withdrew his appeal regarding the service connection for degenerative disc disease of the lumbar spine, lower back pain, and bilateral leg numbness.
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