The Board has remanded the case for additional development, including another VA examination to assess the Veteran's service-connected thoracolumbar spine disability and determine if there have been incapacitating episodes due to this condition. The TDIU claim is also inextricably intertwined with a secondary service connection claim for cerebellar ataxia.
The deciding factor: The Board found that additional development was necessary, including an examination to assess the Veteran's service-connected thoracolumbar spine disability and determine if there have been incapacitating episodes due to this condition. The TDIU claim is also inextricably intertwined with a secondary service connection claim for cerebellar ataxia.
- Claimed conditions
- chronic muscular strain superimposed on post-traumatic and degenerative instability of the thoracolumbar spine, cerebellar ataxia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 23, 2011
- Citation
- 1135897
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. Read the original VA decision (opens in a new tab) using citation 1135897.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran was granted an earlier effective date of March 26, 2014 for the award of a total disability rating due to individual unemployability (TDIU) and eligibility for Dependents' Educational Assistance (DEA) benefits. The Board found that she had been unable to obtain or maintain substantially gainful employment due solely to service-connected disabilities from March 26, 2014.
- Partly granted
The Board granted a separate rating for weakness in the left and right lower extremities due to cerebellar ataxia, an initial rating of 60 percent for cerebellar ataxia under Diagnostic Code 6205, and total disability based on individual unemployability (TDIU) effective March 9, 2017.
- Denied
The Board denied service connection for cerebellar ataxia, kidney stones, and gastroesophageal reflux disease (GERD) as the Veteran's claimed conditions were not incurred during his active service.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for cerebellar ataxia to correct pre-decisional duty-to-assist errors, including obtaining private treatment records and SSA disability benefit records.
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