The Veteran's lumbar spine IVDS with DDD is granted a rating of 40 percent prior to August 9, 2017 and denied for ratings in excess of 40 percent from that date. The TDIU claim on a schedular basis is remanded.
The deciding factor: The Veteran's lumbar spine IVDS with DDD was found to meet the criteria for a 40 percent rating prior to August 9, 2017 but not for ratings in excess of that level from that date due to lack of evidence of unfavorable ankylosis.
- Claimed conditions
- lumbar spine intervertebral disc syndrome (IVDS) with degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 6, 2022
- Citation
- 22050695
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 22050695.
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 lumbar spine IVDS with DDD was productive of forward flexion of an estimated forward flexion greater than 30 degrees but not greater than 60 degrees, and muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour. The Board granted a rating of 20 percent for the entire period on appeal.
- 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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