The Board has denied a higher rating for the appellant's service-connected lumbar spine disability prior to May 4, 2021 and from May 4, 2021. The issues of service connection for left arm disability, hypertension, heart disorder, and TDIU are remanded due to need for further development.
The deciding factor: The evidence does not support a finding that the appellant met or more nearly approximated the criteria for a higher rating prior to May 4, 2021. The lumbar spine disability has not been manifested by ankylosis at any time during the period on appeal.
- Claimed conditions
- multilevel degenerative changes of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2023
- Citation
- 23014904
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 23014904.
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 the Veteran's lumbar spine disability based on the evidence of record.
- Remanded (sent back)
The Veteran's TDIU claim for service-connected disabilities is granted, and his increased rating claim for the lumbar spine disability prior to May 4, 2021, is remanded.
- Dismissed
The Veteran withdrew his appeal regarding the issue of entitlement to an initial rating in excess of 10 percent prior to June 18, 2014, in excess of 20 percent from June 18, 2014 to April 26, 2017, and in excess of 40 percent thereafter for multilevel degenerative changes of the lumbar spine.
- Granted
The Veteran's back disorder, diagnosed as multilevel degenerative changes of the lumbar spine status post lumbar fusion, is etiologically related to in-service injuries consistent with his combat service in Southwest Asia. As a result, the Board has granted service connection for this condition.
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