The Veteran's low back disability, characterized as degenerative disc disease of the lumbar spine with IVDS status post foraminotomy, is granted at a 40 percent rating from May 19, 2015. However, his claim for an increased rating beyond this level remains pending and will be remanded to determine if he is entitled to a higher disability evaluation.
The deciding factor: The Veteran's low back disability with IVDS status post foraminotomy did not meet the criteria for a higher than 40 percent rating from October 24, 2019.
- Claimed conditions
- Degenerative Disc Disease of the Lumbar Spine, Intervertebral Disc Syndrome (IVDS) status post foraminotomy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 18, 2022
- Citation
- 22009901
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 22009901.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for PTSD and Degenerative Disc Disease of the Lumbar Spine due to a duty to assist error. The AOJ is instructed to obtain relevant medical records, including SSA disability records and Federal prison medical records, and request an addendum opinion regarding the nature and etiology of the Veteran's back disorder.
- Granted
The Veteran is granted a TDIU due to his service-connected PTSD with major depressive disorder and generalized anxiety disorder, as well as his lumbar spine disorder. The Board found the evidence in balance regarding whether these conditions render him unable to secure or follow a substantially gainful occupation.
- Granted
The Veteran's PTSD is granted as service-connected, and the Board finds that his back disability may be related to service. The case is remanded for a VA examination.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to his ability to independently ambulate without aids.
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