The Veteran's lumbar spine degenerative changes are rated at 20% prior to May 16, 2017 and 40% thereafter. The Veteran is granted a 10% rating for left lower extremity sciatica from July 24, 2012 to December 10, 2017. His left lower extremity sciatica is rated at 20% from December 11, 2017 to December 5, 2022 and 40% thereafter. The Veteran's right lower extremity radiculopathy is denied. The Board has remanded the issues of TDIU and CAD ratings.
The deciding factor: The Veteran's lumbar spine degenerative changes do not meet the criteria for a higher rating under the applicable VA rating schedule due to lack of forward flexion limited to 30 degrees or less or unfavorable ankylosis of the entire thoracolumbar spine. The left lower extremity sciatica is rated based on its severity and has been found to be moderately severe at times.
- Claimed conditions
- lumbar spine degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2023
- Citation
- 23050548
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 23050548.
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 Board has remanded the Veteran's claims for service connection for cervical spine degenerative changes, left shoulder degenerative changes, lumbar spine degenerative changes, and right shoulder osteoarthritis due to a pre-decisional duty to assist error. The Veteran was not afforded VA examinations for these conditions.
- Denied
The Board denied the Veteran's appeal for an increased rating higher than 40 percent for a back disability, as the evidence did not support a finding that his symptomatology more nearly approximated unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes requiring physician-prescribed bed rest.
- Partly granted
The Board granted service connection for lumbar spine degenerative changes as secondary to the Veteran's service-connected peripheral neuropathy of the bilateral lower extremities, but denied service connection for a right shoulder disorder.
- Remanded (sent back)
The Veteran's claim for TDIU is remanded due to the need for additional development of his medical records, particularly those from Community Care providers and non-VA providers received by the VA but not associated with the claims file.
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