The Veteran's appeal is being remanded due to the need for a new VA examination and because the two issues are inextricably intertwined. The increased rating claim may result in additional evidence affecting the TDIU determination.
The deciding factor: The current examination of the thoracic kyphosis is inadequate as it does not address the impact of flare-ups on functional impairment, nor whether the range of motion values were for active or passive motion.
- Claimed conditions
- thoracic kyphosis, residuals of compression fractures of T9, T10, and T11
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2016
- Citation
- 1642002
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 1642002.
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 appeal is being remanded for additional development, including obtaining missing VA treatment records and arranging for an orthopedic examination to assess the current severity of his service-connected spine disability. The case will also be referred to the Director, Compensation Service, for extraschedular consideration of TDIU.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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