The Veteran's lumbar spine disability is currently rated as 40 percent disabling, but the Board finds no evidence of ankylosis or incapacitating episodes meeting criteria for a higher rating. The scar associated with the lumbar spine disability does not meet the criteria for a compensable rating.,The Veteran seeks service connection for right and left knee disabilities, which are currently not in dispute. However, VA treatment records related to these conditions have not been obtained. The Board must therefore remand to obtain these records.,Radiculopathy of the lower extremities is rated at 20 percent each, with no evidence of higher ratings. Separate ratings for other disabilities associated with the knee are also not warranted.
The deciding factor: The Veteran's lumbar spine disability does not meet criteria for a higher rating due to lack of ankylosis or incapacitating episodes.,VA treatment records related to the Veteran's bilateral knee replacement and any related procedures have not been obtained, which is necessary to determine if service connection can be granted.,Radiculopathy of the lower extremities does not meet criteria for higher ratings as there is no evidence of moderate incomplete paralysis.
- Claimed conditions
- lumbar spine disability, right knee disability, left knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2024
- Citation
- A24014108
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 A24014108.
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 Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.