The Veteran's DDD with spondylosis of the lumbar spine is rated at 40 percent from June 27, 2013 to March 12, 2018. The issue of entitlement to TDIU remains pending and will be remanded.
The deciding factor: The Veteran's DDD with spondylosis of the lumbar spine was characterized by forward flexion limited to 30 degrees from June 27, 2013 to March 12, 2018, which meets the criteria for a 40 percent rating.
- Claimed conditions
- Degenerative Disc Disease (DDD) with spondylosis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 13, 2021
- Citation
- 21029304
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 21029304.
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 PTSD with MDD is not rated higher than 70 percent. From June 1, 2014 to December 3, 2019, the Veteran's DDD with spondylosis of the lumbar spine was granted a 20 percent rating. The Veteran's meniscal and ACL tears status post-surgery with degenerative arthritis of the right knee were granted a 20 percent rating from June 14, 2019. The Veteran's trochanteric pain syndrome of the right hip was granted a 20 percent rating starting from June 19, 2017.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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