The Veteran's claims for increased ratings for his service-connected disabilities are being remanded to the RO for additional development.
The deciding factor: The Court found that VA examinations of the Veteran's back and shoulder were inadequate, requiring new examinations.
- Claimed conditions
- Degenerative Joint Disease of the Thoracic Spine, Residuals of a Shrapnel Wound to the Right Shoulder and Right Side of Back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2012
- Citation
- 1209971
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 1209971.
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.
- Dismissed
The Veteran's appeals for increased ratings for various shoulder and back conditions have been dismissed due to the withdrawal of his claims.,His low back disability is rated at 40 percent, with symptoms approximating favorable ankylosis.
- Remanded (sent back)
The Board has corrected the effective date of an initial 40 percent rating for degenerative joint disease of the thoracic spine from March 14, 2007. The issue of a higher initial rating remains on appeal.
- Granted
The Veteran's back disability, specifically degenerative joint disease of the thoracic spine with mid-thoracic kyphosis, has been granted a 40 percent rating since October 28, 2016.
- Denied
The Veteran's service-connected back disability has not manifested to unfavorable ankylosis of the entire thoracolumbar spine or unfavorable ankylosis of the entire spine, thus preventing a higher rating.
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