The Veteran's lumbar spine disability was previously rated at 10 percent prior to August 1, 2019. The Board has now remanded the claim for a higher rating.
The deciding factor: The VA examiner found that the Veteran had lost approximately 5 degrees of motion during flare-ups or repeated use over time, resulting in forward flexion of 60 degrees and extension to 10 degrees.
- Claimed conditions
- L3 compression fracture, degenerative arthritis and spinal stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 19, 2023
- Citation
- 23057049
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 23057049.
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 earlier effective dates of May 6, 2022, for the awards of service connection for depressive disorder and degenerative arthritis and spinal stenosis.
- Remanded (sent back)
The Board has remanded the claims for a higher rating for the lumbar spine disability prior to August 1, 2019 and for separate ratings for bowel/bladder disabilities associated with the service-connected lumbar spine disability due to incomplete compliance with previous remand directives.
- Remanded (sent back)
The Board has remanded the case for further review due to inadequate assessments of pain and functional loss in prior VA examinations. The Veteran's claims for higher ratings and a separate rating for bowel and/or bladder disorders are also being reviewed.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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