The Veteran's lumbar spine condition is rated at 10 percent prior to August 20, 2019 and denied for a higher rating. Since August 20, 2019, the Veteran's condition is rated at 40 percent and also denied for a higher rating. The Board has remanded issues regarding service connection for shoulder conditions and cervical spine.
The deciding factor: The July 2017 VA examination did not indicate any muscle spasms or guarding severe enough to result in an abnormal gait or spinal contour, which is required for a higher rating under the applicable diagnostic code.
- Claimed conditions
- Degenerative disc disease lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 24, 2023
- Citation
- 23047115
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 23047115.
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 claim for an initial disability rating in excess of 40 percent for a back disability is being remanded due to the need for a VA examination that complies with Correia v. McDonald (28 Vet. App. 158, 2016).
- Granted
The Veteran's service-connected disabilities, including right hip arthritis with hip joint replacement and left hip trochanteric, bursitis, degenerative arthritis, and prosthetic left hip joint, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU based on his combined disability rating of 100 percent.
- Granted
The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine is at least as likely as not caused by his service-connected right knee condition, and thus grants service connection for this disability.
- Denied
The Veteran's degenerative disc disease of the lumbar spine is rated at 20 percent, which does not meet the criteria for a higher rating.,The Veteran's radiculopathy, right lower extremity prior to June 4, 2018, is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's radiculopathy, right lower extremity from June 4, 2018, is rated at 20 percent, which meets the criteria for a higher rating.,The Veteran is not found to be unemployable due to his service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.