The Board has dismissed the appeals for earlier effective dates and granted a 10 percent rating for lower back scar. The Veteran's lumbar spine disability is remanded for further evaluation, including consideration of radiculopathy symptoms.
The deciding factor: The Veteran's lumbar spine disability was not associated with underlying soft tissue damage or an area greater than 929 square centimeters, warranting a 10 percent rating under DC 7804. The Board found the evidence in equipoise regarding the Veteran's painful scar and granted a 10 percent rating.
- Claimed conditions
- lumbar back disability, lower back scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2022
- Citation
- 22015037
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 22015037.
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 Board has restored the Veteran's disability evaluation for his lumbar spine disability from 40% to 20%, and denied an increased rating for his lower back scar.
- Granted
The Board has granted service connection for a back disability, lower back scar, and radiculopathy of the bilateral lower extremities. Service connection for a bilateral shoulder disability is denied.
- Denied
The Board denied service connection for arthritis of the bilateral fingers, a bilateral elbow disability, a left knee disability, and bilateral plantar fasciitis. The Board also denied an initial compensable rating for a lumbar spine scar (lower back scar).
- Denied
The Veteran's appeal is denied as the appellant is not eligible to direct payment of attorney fees based on past-due benefits awarded in the April 2022 rating decision due to lack of a valid direct pay fee agreement covering the issues that were granted.
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