The Veteran's TDIU claim is remanded as the RO needs to refer the case to the VA Director of Compensation and Pension Service for consideration under 38 C.F.R. § 4.16(b) due to his service-connected disabilities.
The deciding factor: The Board has determined that a referral to the VA Director of Compensation and Pension Service is necessary to consider the assignment of TDIU under 38 C.F.R. § 4.16(b).
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Right leg radiculopathy, Left leg radiculopathy, Scar on the back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 26, 2018
- Citation
- 18138924
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 18138924.
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.
- Granted
The Veteran's claim for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
- Granted
The Veteran's degenerative arthritis of the lumbar spine was diagnosed during service and has continued since then. The Board granted service connection for this condition based on continuity of symptomatology.
- Remanded (sent back)
The Veteran's appeal is remanded due to inadequate examinations and the need for a retrospective opinion regarding the severity of his service-connected lumbar spine disability.
- Granted
The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis of the lumbar spine, is related to service and granted service connection for this condition.
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