The Veteran's lumbar spine condition with arthritis is rated at 40 percent, but the Board has remanded this issue due to insufficient evidence. The low back scar associated with the lumbar spine condition is granted a 10 percent rating. Allergic rhinitis remains rated at 10 percent.
The deciding factor: The Veteran's lumbar spine condition with arthritis did not meet criteria for higher ratings as it did not show ankylosis or intervertebral disc syndrome with incapacitating episodes of total duration of at least 6 weeks during the past 12 months. The low back scar associated with the lumbar spine condition was found to be painful.
- Claimed conditions
- Degenerative arthritis of the spine, Intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 1, 2023
- Citation
- A23034272
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 A23034272.
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 Board has granted service connection for degenerative arthritis of the spine, right knee degenerative arthritis, left knee degenerative arthritis, right ankle degenerative arthritis, and left ankle degenerative arthritis.
- Granted
The Veteran's low back disability is rated at 50 percent effective February 13, 2021. His left lower extremity sciatic nerve radiculopathy is rated at 80 percent from April 21, 2013 to February 12, 2021. The Veteran's TDIU claim has an earlier effective date of April 21, 2013.
- Granted
The Veteran's back condition is granted an increased disability rating of 40 percent, but no higher. The claims for service connection for LLE and RLE radiculopathies are remanded.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
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