The Veteran's claim for a higher rating for his IVDS with degenerative arthritis is denied. The Board has remanded the issue due to procedural issues and potential new evidence.
The deciding factor: The current rating of 40 percent adequately reflects the severity of the Veteran's disability, as it accounts for forward flexion limited to 30 degrees or less.
- Claimed conditions
- Degenerative Arthritis of the Lumbar Spine, Intervertebral Disc Syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 13, 2024
- Citation
- A24083435
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 A24083435.
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.
- Partly granted
The Board granted service connection for tinnitus and left ear hearing loss disability, but remanded the issue of a compensable rating for right ear hearing loss. The increased rating claim for IVDS was withdrawn by the Veteran.
- Partly granted
The Board granted a restored 20% rating for lumbar strain, an increased 40% rating for left lower extremity radiculopathy, and a 40% rating for right lower extremity radiculopathy. The appeal regarding service connection for IVDS was dismissed as moot.
- Partly granted
The Board granted service connection for IVDS, left and right lower extremity radiculopathies (sciatic and femoral nerves), and increased the rating for PTSD and claustrophobia to 70 percent. The right knee condition and erectile dysfunction were remanded.
- Partly granted
The Board granted service connection for diabetes mellitus type 2 and an initial 40 percent rating for IVDS, while denying higher ratings for radiculopathy of the lower extremities, a residual scar, and bilateral foot disability. The effective date for TDIU and DEA benefits was also granted.
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