The Veteran's claim for an increased rating for his service-connected degenerative arthritis of the lumbar spine was denied. The Board found that the criteria for a higher than 20 percent rating were not met.,The Veteran's claim for TDIU prior to March 18, 2019 is remanded for referral to the Director of Compensation and Pension Service for extraschedular consideration.
The deciding factor: The Board found that the Veteran's degenerative arthritis of the lumbar spine did not result in forward flexion of the thoracolumbar spine to 30 degrees or less, which is required for a higher than 20 percent rating under Diagnostic Code 5242.,Given the evidence showing the Veteran was last employed around January 2015 and medical opinions suggesting he was unemployable due to his service-connected disabilities, including degenerative arthritis of the lumbar spine, the Board found that a TDIU on an extraschedular basis is warranted.
- Claimed conditions
- Degenerative arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2024
- Citation
- 24032795
Veterans Law Judge
Decisions by this judge: 998 · Granted: 40% (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 24032795.
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 claim for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
- Granted
The Veteran's degenerative arthritis of the lumbar spine was diagnosed during service and has continued since then. The Board granted service connection for this condition based on continuity of symptomatology.
- Remanded (sent back)
The Veteran's appeal is remanded due to inadequate examinations and the need for a retrospective opinion regarding the severity of his service-connected lumbar spine disability.
- Granted
The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis of the lumbar spine, is related to service and granted service connection for this condition.
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