The Veteran's appeal for a higher rating for his thoracolumbar strain with degenerative changes was granted, but the AMC did not provide a Supplemental Statement of the Case outlining why he was not entitled to a higher rating. The AMC also needs to obtain Social Security Administration disability records related to the Veteran's spine.
The deciding factor: The AMC failed to address the Veteran's entitlement to a higher rating for his thoracolumbar strain with degenerative changes in the Supplemental Statement of the Case, and must do so before proceeding further. Additionally, the AMC needs to obtain Social Security Administration disability records related to the Veteran's spine.
- Claimed conditions
- Left Shoulder Injury, Thoracolumbar Strain with Degenerative Changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 23, 2011
- Citation
- 1143166
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 1143166.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the case due to errors in verifying the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA), obtaining complete service treatment records, and scheduling a VA examination. The AOJ is required to correct these issues.
- Remanded (sent back)
The Board has denied service connection for residuals of injury to the left shoulder and remanded the issue of service connection for residuals of injury to the left knee. The Veteran's claims are being returned to the agency of original jurisdiction (AOJ) for further development.
- Remanded (sent back)
The Veteran's PTSD is currently rated at 70 percent since April 3, 2018. The Board finds a need for additional medical evidence to determine if the disability warranted a higher rating prior to that date.,The Veteran's lumbar spine DJD and DDD warrant an increased rating beyond the current 40 percent assigned. A remand is required to assess the severity of his condition, including whether functional equivalent of ankylosis exists due to painful flare-ups.,A compensable initial rating for scars associated with back surgery and left shoulder surgery is needed as the Veteran reported painful flare-ups but no estimated loss of motion was provided by the VA examiner.,The Veteran's scar on his midline lumbar spine requires a remand to assess its severity, including whether it meets criteria for a compensable initial rating.
- Denied
The Veteran's left shoulder disability is rated at 20 percent, and the Board found that it does not warrant a higher rating based on current evidence of record.
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