The Veteran's claim for a rating in excess of 40 percent for his lumbar spine disability was denied. The Board found that the evidence did not support ankylosis or incapacitating episodes due to intervertebral disc syndrome (IVDS). The issues of entitlement to TDIU and SMC based on aid and attendance/housebound status are remanded.
The deciding factor: The Veteran's lumbar spine disability does not meet the criteria for a higher rating as it did not result in ankylosis or incapacitating episodes due to IVDS.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Low back strain, Left lumbar facet syndrome, Degenerative disc disease (DDD) of the lumbar spine with spinal stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2023
- Citation
- A23032534
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 A23032534.
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 Veteran's hearing loss and low back strain claims are remanded for further evaluation. The hearing loss claim is denied, while the low back strain claim requires additional examination to determine its severity.
- Granted
The Veteran's claim for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
- Granted
The Veteran's degenerative arthritis of the lumbar spine was diagnosed during service and has continued since then. The Board granted service connection for this condition based on continuity of symptomatology.
- Remanded (sent back)
The Veteran's appeal is remanded due to inadequate examinations and the need for a retrospective opinion regarding the severity of his service-connected lumbar spine disability.
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