The Veteran's PTSD is currently rated at 70 percent since April 3, 2018. The Board finds a need for additional medical evidence to determine if the disability warranted a higher rating prior to that date.,The Veteran's lumbar spine DJD and DDD warrant an increased rating beyond the current 40 percent assigned. A remand is required to assess the severity of his condition, including whether functional equivalent of ankylosis exists due to painful flare-ups.,A compensable initial rating for scars associated with back surgery and left shoulder surgery is needed as the Veteran reported painful flare-ups but no estimated loss of motion was provided by the VA examiner.,The Veteran's scar on his midline lumbar spine requires a remand to assess its severity, including whether it meets criteria for a compensable initial rating.
The deciding factor: Additional medical evidence is needed to determine if the Veteran's PTSD warranted a higher rating prior to April 3, 2018. The current VA examiner did not provide sufficient information on the severity of the lumbar spine DJD and DDD condition, including whether functional equivalent of ankylosis exists due to painful flare-ups. A remand is also required for assessing the severity of scars associated with back surgery and left shoulder surgery.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Lumbar Spine Degenerative Joint Disease and Degenerative Disc Disease (DDD), Left Shoulder Injury, Scar, Status-post Back Surgery, Scar, Midline Lumbar Spine, Scar, Status-post Left Shoulder Surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2023
- Citation
- 23062824
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 23062824.
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 Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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