The Veteran's lumbar spine degenerative arthritis with intervertebral disc syndrome is currently rated at 40 percent, and the Board has remanded this issue for further development. The issues of service connection for diabetes mellitus and high blood pressure secondary to service-connected lumbar spine degenerative arthritis are also being remanded.
The deciding factor: The Veteran's lumbar spine disability does not meet or approximate criteria for a higher rating as it is currently rated at the maximum schedular rating (40 percent) under Diagnostic Code 5243, which requires forward flexion of the thoracolumbar spine to be 30 degrees or less.
- Claimed conditions
- lumbar spine degenerative arthritis of the spine with intervertebral disc syndrome
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 21, 2024
- Citation
- A24026662
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 A24026662.
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 Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Granted
The Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
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