The Veteran's claim for a higher rating for intervertebral disc syndrome of the lumbar spine was denied. The claims for 20 percent ratings for radiculopathy right and left lower extremities prior to July 21, 2022 were granted.,The Veteran's claim for TDIU prior to February 15, 2020 remains pending as the Board has remanded it.
The deciding factor: The evidence did not show ankylosis or incapacitating episodes of IVDS that would warrant higher ratings.
- Claimed conditions
- intervertebral disc syndrome of the lumbar spine, radiculopathy right lower extremity, radiculopathy left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2023
- Citation
- 23004655
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 23004655.
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.
- Dismissed
The Board has dismissed the appeals for service connection and rating issues due to the Veteran's death.
- Granted
The Veteran's service-connected disabilities, including degenerative lumbar arthritis and injuries to his lower extremities, result in the loss of use of both lower extremities such that he is unable to effectively ambulate independently without assistive devices. This meets the criteria for specially adapted housing eligibility.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from December 28, 2010, to August 26, 2016. The Board granted the TDIU on an extraschedular basis for this period.
- Remanded (sent back)
The Board remands the claims for service connection for tension headaches, irritable bowel syndrome (IBS), radiculopathy right lower extremity, and tinnitus due to pre-decisional duty-to-assist errors.
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