The Veteran's appeal is remanded for several issues, including the propriety of reducing his disability rating from 40 percent to 10 percent and for a TDIU determination. A new examination is also needed due to an inadequate previous C&P evaluation.
The deciding factor: The reduction in disability rating was not addressed in the Statement of the Case (SOC), and there are issues with the adequacy of the Veteran's last VA examination, particularly regarding flare-ups and functional impairment.
- Claimed conditions
- Degenerative disc disease (DDD) of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2019
- Citation
- 19100721
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 case is remanded to obtain outstanding private medical treatment records and reschedule a VA examination for the Veteran's back disability.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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