The Board has dismissed the appeals for increased ratings and earlier effective dates as to left lower extremity radiculopathy, right lower extremity radiculopathy, left hip arthritis, and right hip arthritis. The claims of entitlement to a higher rating for degenerative disc disease with IVDS from June 4, 2015 and an initial rating higher than 10 percent for degenerative disc disease with IVDS from August 1, 1974 to June 4, 2015 are REMANDED. The claim of entitlement to a TDIU prior to May 12, 2016 is also REMANDED.
The deciding factor: The Veteran withdrew his appeals for the issues related to left lower extremity radiculopathy, right lower extremity radiculopathy, left hip arthritis, and right hip arthritis. The claims of increased ratings for degenerative disc disease with IVDS are still pending as they were not withdrawn.
- Claimed conditions
- degenerative disc disease, depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2023
- Citation
- 23000852
Veterans Law Judge
Decisions by this judge: 622 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 23000852.
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 vascular headaches are granted effective August 22, 2011. A TDIU is granted effective February 11, 2015. SMC based on housebound criteria is denied prior to July 14, 2020.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
- Granted
The Board has restored the Veteran's 100% rating for depressive disorder, effective August 1, 2020, as the reduction was improper and did not comply with applicable regulations.
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