The Board has denied a rating in excess of 20 percent for service-connected lumbar spine degenerative arthritis, to include lumbar strain. The appeal for an initial compensable disability rating prior to May 19, 2022, and in excess of 30 percent thereafter for service-connected bilateral hearing loss is remanded.
The deciding factor: The Veteran's lumbar spine disability does not meet the criteria for a higher disability rating as it does not result in forward flexion of the thoracolumbar spine limited to 30 degrees or less, nor does it result in favorable or unfavorable ankylosis of the thoracolumbar spine.
- Claimed conditions
- lumbar spine degenerative arthritis, lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2022
- Citation
- 22071953
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 22071953.
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.
- Remanded (sent back)
The Board has found the eligibility determination for PCAFC enrollment to be legally inadequate and remanded for a new medical opinion that adequately addresses the criteria for eligibility as set forth in VA regulations.
- Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
- Dismissed
The Veteran's appeals for service connection for right hand arthritis and left hand arthritis have been dismissed.,The Veteran's appeals for a higher rating for lumbar strain, radiculopathy of the left sciatic nerve, and radiculopathy of the right sciatic nerve have been remanded.
- Remanded (sent back)
The Board has granted service connection for lumbar strain and lumbar intervertebral disc syndrome with left sciatica. The right lower extremity sciatica claim is remanded due to a duty-to-assist error.
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