The Veteran's back disability is currently rated as 10 percent prior to February 25, 2020 and 20 percent from that date. The appeal for a higher rating remains pending.,The Veteran's back disability warrants a 20 percent rating since February 25, 2020 due to guarding severe enough to result in an abnormal gait or spinal contour. However, the claim is still pending as he has not met the criteria for TDIU.
The deciding factor: The Veteran's back disability does not meet the criteria for a higher rating under DC 5242.
- Claimed conditions
- Degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2024
- Citation
- 24000684
Veterans Law Judge
Decisions by this judge: 703 · Granted: 47% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24000684.
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.
- Denied
The Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
- Denied
The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of chronicity or continuity of symptomatology since service and concluding that his current disabilities are more likely related to an in-service injury than to his military service.
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