The Board remands the claim for an evaluation in excess of 10 percent for intervertebral disc syndrome (IVDS) for the period prior to April 4, 2017, due to a need for a retrospective opinion on severity without considering the ameliorative effects of medication.
The deciding factor: The Board must remand the claim as it failed to consider and apply 38 C.F.R. § 4.45 and to address the Veteran's references to entitlement under 38 C.F.R. § 3.321(b).
- Claimed conditions
- Intervertebral disc syndrome (IVDS)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 9, 2025
- Citation
- 25008972
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 granted service connection for degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), and foraminal stenosis based on a finding that these conditions are related to the Veteran's military service.
- Denied
The Board denied the Veteran's claims for an increased rating for degenerative arthritis of the lumbar spine and a separate rating for traumatic brain injury residuals, finding that the evidence did not support higher ratings.
- Remanded (sent back)
The appeal is remanded for a new VA examination to address the severity of the Veteran's intervertebral disc syndrome without considering the ameliorative effects of medication.
- Partly granted
The Veteran is granted an effective date of October 21, 2019, for a disability rating of 30 percent for left knee meniscal tear, ACL tear, and osteoarthritis status post left total knee replacement.
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