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
Veterans Law Judge
Decisions by this judge: 2,240 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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 Board has remanded the claims for service connection due to incomplete records and inadequate VA opinions. The Veteran's thoracolumbar spine disorder, psychiatric disorder (including PTSD), and hypertension are all being reviewed.
- 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 Veteran's degenerative disc disease and lumbosacral strain are found to be at least as likely as not related to his in-service back injury, leading to the grant of service connection.
- Remanded (sent back)
The Veteran's claims for increased ratings for DDD of the thoracolumbar spine and peripheral neuropathy of the sciatic nerve are being remanded due to insufficient examination findings. The case will be returned for further evaluation.
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