The Veteran's initial and increased rating claims for his back disability were partially granted, with a 40 percent rating assigned prior to February 27, 2019, and from February 27, 2019, to July 20, 2021. The claim for a higher rating after July 21, 2021, was denied. Additionally, the Veteran's TDIU claim was remanded.
The deciding factor: The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes due to lack of ankylosis or IVDS with incapacitating episodes during the past 12 months.
- Claimed conditions
- Degenerative Arthritis, Intravertebral Disc Syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2022
- Citation
- 22069978
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 22069978.
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.
- Denied
The Board denied a rating in excess of 10 percent for right knee patellofemoral pain syndrome, tendinitis, and strain, status post arthroscopy with meniscal tear and degenerative arthritis (limitation of flexion), and awarded an initial compensable rating for right knee patellofemoral pain syndrome, tendinitis, and strain, status post arthroscopy with meniscal tear and degenerative arthritis (limitation of extension).
- Remanded (sent back)
The Veteran's back disorder is remanded for further examination and opinion to determine its etiology, including consideration of his in-service injury and treatment.
- Denied
The Veteran's initial evaluation for cervical spine disability remains at 10 percent, as his symptoms do not meet the criteria for a higher rating under VA regulations.
- Denied
The Veteran's claim for a higher rating for his low back disability is denied. The effective date of SMC and DEA benefits based on permanent and total disability status is granted.
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