The Board remands the issue of entitlement to an initial rating in excess of 20 percent for service-connected lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome (IVDS) due to a need for additional evidence.
The deciding factor: A medical opinion is needed to determine if the increased level of pain experienced during flare-ups, passive range of motion, or repetitive use is the functional equivalent of ankylosis.
- Claimed conditions
- lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2024
- Citation
- 24003794
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.
- Remanded (sent back)
The Board remands the case for further development, including obtaining additional medical evidence and ensuring substantial compliance with previous remand directives.
- Partly granted
The Board granted service connection for right and left upper extremity radiculopathy but denied increased ratings for lumbosacral strain with degenerative arthritis of the spine and IVDS, a scar associated with it, and dismissed claims for other conditions.
- Denied
The Board denied the Veteran's claims for an increased rating and entitlement to TDIU, as the evidence did not support a higher disability rating based on the criteria provided.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.