The Veteran's service-connected disabilities prevent him from securing and following substantially gainful employment, warranting a TDIU. The VA examinations are inadequate for the issues of increased ratings for radiculopathy of the left and right lower extremities.
The deciding factor: VA examinations were not performed during periods of flare-ups or after repeated use over time to assess functional impairment due to these conditions.
- Claimed conditions
- compression fracture of T-11, DDD of thoracic spine with narrowing at T10-T11 and spondylosis of lumbosacral spine, depressive disorder, NOS, left knee chondromalacia patella, right knee chondromalacia patella, r radiculopathy, left lower extremity due to spondylolysis and spondylosis of lumbosacral spine, degenerative changes, cervical spine C5-6 associated with compression fracture of T-11, DDD of thoracic spine with narrowing at T10-T11 and spondylosis of lumbosacral spine, r radiculopathy, right and left lower extremities associated with compression fracture of T-11, DDD of thoracic spine with narrowing at T10-T11 and spondylosis of lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 1, 2018
- Citation
- 18123121
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 18123121.
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.
- Denied
The Board denied the Veteran's claim for special monthly compensation (SMC) based on statutory housebound status due to her service-connected conditions and additional nonservice-connected disabilities, finding that she did not meet the criteria for SMC.
- Dismissed
The Veteran's appeal has been dismissed as her eligibility for VA health care benefits and enrollment in a Priority Group higher than Priority Group 8 has already been granted due to the combined disability rating of 50 percent.
- Dismissed
The Board has dismissed the appeals for increased ratings for right knee chondromalacia patella and anterior cruciate ligament strain due to an improper concurrent election of review options.
- Denied
The Veteran's left knee chondromalacia patella is rated at 10 percent, which does not meet the criteria for a higher rating. The Board found that the condition did not warrant a compensable rating under Diagnostic Codes 5260 and 5261, as his range of motion was within normal limits with some pain but no instability.
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