The Board has denied increased ratings for lumbar spondylosis and right knee spurring, with the case being remanded for further development regarding a separate rating for radiculopathy of the right lower extremity.
The deciding factor: The Veteran's lumbar spine disorder is rated based on limitation of motion without evidence of muscle spasms or guarding severe enough to affect gait or spinal contour. The right knee spurring does not meet criteria for higher ratings due to compensable limitation of flexion or extension.
- Claimed conditions
- lumbar spondylosis, right knee spurring
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2022
- Citation
- 22071172
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 22071172.
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 granted the Veteran's claim for service connection for a lumbar disorder, diagnosed as lumbar spondylosis and L3-L4 disc herniation status post hemilaminectomy (s/p) right L3-4 hemilaminectomy with diskectomy. The Board found that there is sufficient evidence to establish a nexus between the Veteran's current disability and his military service.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error and the need for clarification of the Veteran's service periods. The Veteran is diagnosed with lumbosacral strain and lumbar spondylosis, and the claim will be reconsidered based on new evidence.
- Granted
The Board has granted an effective date of August 14, 2024 for the award of a 40 percent rating for service-connected chronic compression fracture at T7 with lumbar spondylosis and thoracolumbar strain.
- Remanded (sent back)
The Board has remanded the cases for further development and opinion regarding service connection for diabetes, right hip condition, and an effective date for the increased rating of lumbar spondylosis.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.