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.
- Granted
The Board has granted an effective date of August 7, 2023 for the grant of service connection for Degenerative Disc Disease and Intervertebral Disc Syndrome (also claimed as a back condition), and bilateral lower extremity sciatic neuropathy.
- Denied
The Board denied the Veteran's claims for service connection for right knee degenerative arthritis and degenerative arthritis of the lumbar spine, finding no clear and unmistakable error in the July 2019 rating decision.
- Granted
The Veteran's initial ratings for degenerative arthritis of the lumbar spine and radiculopathies of both lower extremities have been granted, with effective dates from December 3, 2020, to October 7, 2024.
- Dismissed
The appeal regarding earlier effective dates for IBS and IVDS is dismissed.,The reduction in the rating for painful right toes scars is granted, restoring a 10 percent rating from May 3, 2023.,Increased ratings to 20 percent for lower extremity radiculopathy are granted as of October 21, 2024.,Service connection and increased ratings for left hip conditions, right hip conditions, left knee condition, ED, and depressive disorder are granted.
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