The Veteran's claim for an increased disability evaluation in excess of 10 percent prior to March 25, 2022, and in excess of 20 percent from March 25, 2022, for service-connected lumbosacral strain with scoliosis now with degenerative arthritis, and intervertebral disc syndrome (previously rated as lumbosacral strain with scoliosis) was denied. The Veteran's claim for service connection for migraine headaches is granted. Her claims for service connection for a neck disability are remanded.,The Board found that the evidence did not meet the criteria for an increased rating in excess of 10 percent prior to March 25, 2022, and in excess of 20 percent from March 25, 2022, due to lack of incapacitating episodes or limitation of motion. The Veteran's claims for service connection for migraine headaches and a neck disability are remanded.
The deciding factor: The evidence did not show the presence of incapacitating episodes or limitation of motion that would warrant higher ratings under the applicable rating criteria.,The Veteran's claims for service connection were remanded due to insufficient evidence regarding the nature and etiology of her claimed conditions, as well as the current severity level of her service-connected lumbosacral strain with scoliosis now with degenerative arthritis, and intervertebral disc syndrome.
- Claimed conditions
- lumbosacral strain with scoliosis now with degenerative arthritis, and intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 29, 2022
- Citation
- 22043240
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 22043240.
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.
- Partly granted
The Veteran was granted a 40 percent disability rating for her service-connected lumbosacral strain with scoliosis, and the claim for TDIU prior to November 7, 2023, was also granted.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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