The Board is remanding the case for further development, including a VA examination to determine if any thoracolumbar spine disorder had its onset during active service or is otherwise related to any in-service disease, event, or injury. The TDIU claim will also be held in abeyance pending resolution of the service connection issue.
The deciding factor: The Court found that the Board's July 2014 decision was inadequate for not addressing whether the in-service notations of chronic back pain demonstrated a chronic disease that is established by sufficient observation to establish chronicity at the time, as distinguished from merely isolated findings. The Veteran's lay statements regarding history and continuity of symptomatology were also considered.
- Claimed conditions
- thoracolumbar spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2016
- Citation
- 1644660
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 1644660.
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 to service connection for obstructive sleep apnea, shin splints of the right and left lower extremities, multiple sclerosis (MS), thoracolumbar spine disorder, cervical spine disorder, left elbow disorder, left knee disorder, migraine headaches, and right knee disorder are dismissed.
- Dismissed
The Veteran withdrew their appeals for service connection of thoracolumbar spine disorder, right knee disorder, and left knee disorder. The appeal is dismissed.
- Remanded (sent back)
The Board has remanded several issues for further evaluation, including service connection claims and evaluations for various knee disabilities. The Veteran's psychiatric disorder, thoracolumbar spine disorder, cervical spine disorder, right shoulder disorder, left shoulder disorder, right elbow disorder, and obstructive sleep apnea (OSA) are among the issues being reviewed.
- Dismissed
The appeal of the duty to assist error for the claim of entitlement to service connection for a thoracolumbar spine disorder is dismissed.
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