The Board denied an initial increased rating higher than 40 percent for degenerative arthritis of the spine with intervertebral disc syndrome and remanded the claim for entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
The deciding factor: The Veteran's symptoms did not more closely approximate unfavorable ankylosis or incapacitating episodes, warranting a higher rating.
- Claimed conditions
- Degenerative arthritis of the spine with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2025
- Citation
- A25033309
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 Veteran's service-connected low back disability was denied a rating in excess of 40 percent, but TDIU was granted due to his inability to secure or follow a substantially gainful occupation.
- Partly granted
The Board denied an initial rating in excess of 70 percent for PTSD but granted individual unemployability due to service-connected disabilities.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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