The Veteran's back disability is rated at 40 percent effective January 30, 2013. The issue of service connection for seizures secondary to the low back disability has been remanded.
The deciding factor: The February 2024 VA examiner found that the Veteran's back disability resulted in symptoms meeting the criteria for a 40 percent rating and opined on the etiology of his seizure disorder, but further clarification is needed regarding the relationship between sleep impairment and seizures.
- Claimed conditions
- Degenerative Joint Disease of the Lumbosacral Spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 10, 2024
- Citation
- 24034066
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 24034066.
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 has remanded the Veteran's claims due to outstanding SSA records and VA treatment records, as well as inadequate opinions regarding service connection for sleep apnea. The issues include rating adjustments for low back disability and determining whether sleep apnea is related to service or aggravated by other conditions.
- Remanded (sent back)
The Board has determined that the Veteran's claims for increased ratings and effective dates are remanded due to procedural errors and need for additional medical opinions.
- Denied
The Veteran's claims for increased ratings and TDIU were denied. The rating for the low back disability was denied prior to September 23, 2002, from June 22, 2022 forward, and for left lower extremity radiculopathy from May 22, 2009 forward. The Veteran's neck disability claims were also denied.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete paralysis of various nerves associated with his service-connected lumbar spine disability. The issues include left lower extremity radiculopathy, right lower extremity radiculopathy, and a total disability rating based on individual unemployability.
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