The Veteran's claim for a higher rating for degenerative arthritis of the lumbosacral spine is remanded due to conflicting findings regarding functional loss during flare-ups. The issue of entitlement to TDIU prior to December 3, 2019 remains on appeal.
The deciding factor: The VA examiner could not provide an estimate of motion loss in terms of degrees due to the Veteran's flare-ups and pain behaviors, which may affect the determination of functional loss during periods of exacerbation.
- Claimed conditions
- Degenerative arthritis of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2023
- Citation
- 23062327
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 23062327.
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.
- Partly granted
The Board granted an initial rating of 40 percent for degenerative arthritis of the lumbosacral spine, but denied higher ratings for left and right lower extremity radiculopathy.
- Dismissed
The veteran withdrew his appeal for service connection for degenerative disc disease and degenerative arthritis of the lumbosacral spine as secondary to achilles tendinopathy of the left foot.
- Dismissed
The appeal for service connection for degenerative arthritis of the lumbosacral spine was dismissed due to an untimely Notice of Disagreement.
- Granted
The Board has determined that the Veteran's sleep apnea is at least as likely as not due to or aggravated by his service-connected arthritis of the lumbosacral spine and resulting obesity, granting his claim for secondary service connection.
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