The Board remands the claims for an increased rating in excess of 20 percent for degenerative disc disease of the lumbar spine, an increased rating in excess of 30 percent prior to September 28, 2016, and an increased rating in excess of 50 percent from September 28, 2016, for residuals of a left hip fracture with arthritis, status post hip replacement, as well as the claim for entitlement to a total disability rating based upon individual unemployability (TDIU) prior to September 28, 2016.
The deciding factor: Remand is necessary due to non-compliance with previous remand instructions and to obtain additional evidence regarding the Veteran's service-connected conditions.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Residuals of a left hip fracture with arthritis, status post hip replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2024
- Citation
- 24002838
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 service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
- Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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