The Board remands the issues of higher ratings for degenerative arthritis of the lumbar spine with intervertebral disc syndrome due to a need for additional evidence.
The deciding factor: Remand is necessary to obtain private and VA treatment records pertinent to the Veteran's appeal for higher disability ratings for his low back disability.
- Claimed conditions
- Degenerative arthritis of the lumbar spine with intervertebral disc syndrome
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2021
- Citation
- 21061615
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 service-connected degenerative arthritis of the lumbar spine with intervertebral disc syndrome is granted an increased rating to 40 percent, and no higher, as of May 4, 2021. The Veteran is also granted a total disability rating based upon individual unemployability (TDIU) and special monthly compensation at the '(l)' rate.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 20 percent for degenerative arthritis of the lumbar spine with intervertebral disc syndrome to correct pre-decisional duty to assist errors.
- Denied
The Board denied the Veteran's claims for an earlier effective date for service connection and for service connection for radiculopathy of the right lower extremity. The claim for an earlier effective date was denied because there was no CUE in the January 1993 rating decision that initially denied service connection.
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