The Veteran's restoration of a 40 percent evaluation for lumbar spine strain from May 1, 2021 is denied.,A rating higher than 40 percent prior to May 1, 2021, and higher than 20 percent thereafter for the same condition is also denied.,The Veteran's claim of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.
The deciding factor: The preponderance of the evidence does not show that the Veteran's lumbar spine strain was manifested by limitation of flexion to 30 degrees or less, ankylosis, or any incapacitating episodes of IVDS that required bed rest prescribed by a physician.
- Claimed conditions
- lumbar spine strain, unspecified anxiety disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2021
- Citation
- 21062832
Veterans Law Judge
Decisions by this judge: 2,341 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 21062832.
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 unspecified anxiety disorder alone warrants a total disability rating based on individual unemployability (TDIU), and he has additional service-connected disabilities rated at least 60 percent. The Board grants special monthly compensation (SMC) at the housebound rate.
- Granted
The Veteran's anxiety and depressive disorders were rated at a 70 percent disability rating effective May 6, 2015.,Effective May 6, 2015, the Veteran was granted an earlier effective date for DEA benefits.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disability, including unspecified anxiety disorder (claimed as PTSD, memory loss, a sleep disorder, and uncontrollable alcohol disorder), is being remanded due to the need for a medical opinion.
- Remanded (sent back)
The Veteran's claim for service connection for acquired psychiatric disability, including unspecified anxiety disorder, depressive disorder, kleptomania, and PTSD is being remanded due to the AOJ's failure to obtain medical records from his periods of incarceration or a medical opinion regarding his diagnoses.
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