The case is being remanded due to deficiencies in the Board's analysis regarding the issue of entitlement to a total disability rating based on individual unemployability (TDIU). The Veteran has been unemployed since February 2001 following a cerebrovascular accident, and his service-connected disabilities include degenerative changes of the lumbar spine. The Court found that the issue of TDIU was not properly before the Board at the time of the December 2013 decision.
The deciding factor: The Board failed to acknowledge procedural requirements for handling a claim for TDIU when it was raised by the Veteran during his appeal, and did not provide an SOC as required by VA Fast Letter 13-13 or Manlincon v. West, 12 Vet.App. 238 (1999).
- Claimed conditions
- mood disorder with major depressive disorder, degenerative changes of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 6, 2015
- Citation
- 1514753
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 1514753.
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.
- Remanded (sent back)
The Veteran's claim for service connection for left lower extremity radiculopathy, which is secondary to her degenerative changes of the lumbar spine, has been remanded due to a duty-to-assist error. The Board found that VA did not obtain private medical records from Hiro Chiropractic and Springfield Family Physicians, who treated the Veteran during the period on appeal.
- Granted
The Veteran's claims for service connection have been granted, with the exception of gastrointestinal disability other than umbilical hernia (including irritable bowel syndrome) and back disability. The Board found new evidence relevant to these claims.
- Dismissed
The Veteran withdrew the appeal for reductions in ratings for post operative left femur fracture with leg length discrepancy and chondromalacia residuals, and degenerative changes of the lumbar spine.
- Remanded (sent back)
The Veteran's claims for service connection are remanded due to the need for additional medical records and opinions regarding the etiology of his ankle, knee, and leg disorders.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.