The appeal is remanded for further development, including a new examination and the issuance of an SSOC addressing entitlement to higher ratings.
The deciding factor: The Board must remand back to RO for further development due to insufficient evidence regarding the Veteran's thoracic spine disability under both old and new rating criteria.
- Claimed conditions
- Thoracic strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2009
- Citation
- 0911334
Veterans Law Judge
Decisions by this judge: 2,200 · Granted: 43% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0911334.
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.
- Denied
The Board has denied the Veteran's claim for a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) as there is no evidence that he is unable to secure or follow substantially gainful employment due to his service-connected conditions.
- Granted
The Board has granted an increased rating of 40 percent for thoracic strain throughout the review period, which represents a full grant of benefits sought on appeal.
- Denied
The Veteran's claim for a rating in excess of 20 percent for his thoracic spine disability was denied by the Board, as his current range of motion does not meet the criteria for a higher rating.
- Partly granted
The Board denied a rating in excess of 10 percent for the service-connected thoracic strain and dismissed the appeal regarding the proposal to sever service connection for vitamin D deficiency.
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