The Board remands the claims for more than a 20 percent rating for service-connected lumbar spine degenerative disc disease (DDD) with intervertebral disc syndrome, more than a 10 percent rating for service-connected left knee chondromalacia with arthritis, and a total disability rating based on individual unemployability due to service-connected disabilities.
The deciding factor: The examination reports did not comply with the prior remand directives or the requirements laid out in Correia v. McDonald, 28 Vet. App. 158, 168 (2016).
- Claimed conditions
- lumbar spine degenerative disc disease (DDD) with intervertebral disc syndrome (IVDS), left knee chondromalacia with arthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2022
- Citation
- 22000190
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 Board denied increased ratings for the Veteran's left and right knee disabilities, finding that the evidence did not support a higher disability rating.
- Granted
The Board granted a 40 percent rating for the low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy from July 6, 2022. Service connection was denied for a cervical spine disorder.
- Remanded (sent back)
The Board vacated its November 30, 2023 decision and remanded several claims for further development.
- Denied
The Veteran's lumbar spine DDD with IVDS is currently rated at 20 percent prior to December 5, 2016 and 40 percent thereafter. The appeal has been denied as the evidence does not meet the criteria for a higher rating under either the General Rating Formula or the Formula for Rating IVDS Based on Incapacitating Episodes.
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