The Board has decided to remand the Veteran's claims for Degenerative Disc Disease and Chronic Adjustment Disorder, as well as his claim for TDIU due to procedural issues related to missed VA examinations. The Veteran will be scheduled for additional medical evaluations.
The deciding factor: Procedural errors prevented the Veteran from receiving necessary VA examinations, which are required for a full evaluation of his service-connected conditions and TDIU claim.
- Claimed conditions
- Degenerative Disc Disease (DDD), Chronic Adjustment Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2019
- Citation
- 19100939
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 remands the claims for an initial rating in excess of 10 percent for degenerative disc disease and associated radiculopathy, as the record does not include all relevant treatment records prior to back surgery.
- Denied
The Board denied service connection for a back disorder, including degenerative disc disease, degenerative arthritis, spondylolisthesis, and compression fracture at L2, as the evidence did not support a finding that these conditions were incurred in or aggravated by service.
- Granted
The Board granted service connection for an acquired psychiatric disorder, to include PTSD, persistent depressive disorder, chronic adjustment disorder, and anxiety disorder, resolving doubt in the Veteran's favor.
- Granted
The Board granted an increased disability rating of 40 percent for degenerative disc disease and a total disability rating based on individual unemployability due to service-connected disabilities.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.