The Veteran's claim for a higher rating for lumbar degenerative disc disease is denied. The Board finds that the evidence does not support an increase in disability ratings beyond 10 percent.,Service connection for TBI with memory loss and psychomotor epilepsy (complex partial seizures and temporal lobe seizures) is remanded as there are issues of fact to be resolved regarding their relationship to service.
The deciding factor: The Veteran's lumbar degenerative disc disease does not meet the criteria for a higher rating under any applicable diagnostic codes.,There are conflicting opinions on whether the Veteran has TBI with memory loss and psychomotor epilepsy (complex partial seizures and temporal lobe seizures) related to service. The claims must be remanded to obtain further clarification.
- Claimed conditions
- lumbar degenerative disc disease, TBI with memory loss, psychomotor epilepsy (complex partial seizures and temporal lobe seizures), hyposmia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 10, 2024
- Citation
- A24054805
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 A24054805.
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 service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
- Granted
The Board has granted service connection for migraines, lumbar degenerative disc disease with associated lower extremity radiculopathy, and right and left lower extremity radiculopathy. Service connection is denied for left hip strain and right hip strain.
- Remanded (sent back)
The Veteran's claim for service connection for a back condition was denied in December 2009, and the effective date of this denial is May 8, 2013.,The Veteran's claim for right lower extremity radiculopathy associated with his lumbar spine disability was also denied in December 2009, and the effective date of this denial is May 8, 2013.,The Veteran's claim for a postoperative back scar related to his service-connected lumbar spine disability was denied in December 2009, and the effective date of this denial is May 8, 2013.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with right great toe hallux limitus; bilateral upper extremity radiculopathy; obstructive sleep apnea; cervical degenerative arthritis, disc disease, spinal stenosis, and C4-C7 fusion; left shoulder strain; lumbar degenerative disc disease; right shoulder strain; right knee tendonitis; left knee tendonitis; painful right neck scar; tinnitus; right lower extremity polyneuropathy; and left lower extremity polyneuropathy render him unable to secure or follow any substantially gainful occupation.
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