The Veteran's claim for an initial disability rating in excess of 10 percent for osteoarthritis of the thoracolumbar spine is being remanded due to inadequate examination and missing VA treatment records.
The deciding factor: The examination did not comply with the requirements set by Sharp v. Shulkin, Correia v. McDonald, and failed to address functional loss during flare-ups and weight-bearing conditions.
- Claimed conditions
- osteoarthritis of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 19, 2018
- Citation
- 18136868
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. Read the original VA decision (opens in a new tab) using citation 18136868.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew their appeal for scoliosis and osteoarthritis of the thoracolumbar spine, resulting in the dismissal of this case.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete records from CJW Medical Center and Johnston-Willis Hospital. The claims are also remanded for issuance of an SOC regarding the effective date for a 10% rating for right foot hallux valgus.
- Dismissed
The appeal for service connection for urethral stricture is dismissed. The appeals for PTSD, osteoarthritis of the thoracolumbar spine, alcoholism, chemical dependence, and insomnia are remanded.
- Granted
The Veteran's osteoarthritis of the thoracolumbar spine is shown to result in abnormal thoracic kyphosis on MRI, which warrants a 20 percent disability rating.
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