The Veteran's lumbar DJD with IVDS and epilepsy were not rated higher than 40 percent, as there was no evidence of unfavorable ankylosis or incapacitating episodes. The Veteran’s bowel dysfunction and erectile dysfunction are separately rated.,Epilepsy was also not rated higher than 40 percent due to the lack of confirmed major seizures in the past year.
The deciding factor: The Veteran's lumbar DJD with IVDS did not meet criteria for a higher rating as there were no findings of unfavorable ankylosis or incapacitating episodes. The epilepsy was also rated at 40 percent due to lack of confirmed major seizures in the past year.
- Claimed conditions
- Lumbar Degenerative Joint Disease (DJD) with Intervertebral Disc Syndrome (IVDS), Epilepsy, Bowel Dysfunction, Erectile Dysfunction
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2022
- Citation
- 22063897
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 22063897.
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.
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The Board has determined that the Veteran's erectile dysfunction is secondary to his service-connected major depressive disorder, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the Veteran's claim of service connection for erectile dysfunction due to insufficient medical evidence and a need for a VA examination.
- Denied
The Veteran's adult child, R.F., is not considered permanently incapable of self-support prior to turning 18 years old and thus does not meet the criteria for survivor benefits.
- Granted
The Board has granted service connection for Type II Diabetes Mellitus, Bilateral Lower Extremity Diabetic Peripheral Neuropathy (Sciatic Nerve), Erectile Dysfunction, and Bladder Cancer in remission. Effective dates have been set for these awards as of July 14, 2004. The Veteran's claim for higher initial disability ratings and earlier effective dates are being remanded.
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