The Veteran's claims for increased ratings and TDIU are being remanded due to the submission of new evidence since the January 2017 Statement of the Case.
The deciding factor: New evidence has been submitted, including VA mental health treatment records and a Compensation & Pension back examination with range of motion results. These issues are inextricably intertwined as they may impact the TDIU claim.
- Claimed conditions
- unspecified anxiety disorder with secondary depressive disorder, lumbar intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2019
- Citation
- 19101268
Veterans Law Judge
Decisions by this judge: 2,374 · Granted: 19% (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 19101268.
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 back brace, used to treat his service-connected lumbar spine disability, tended to wear out or tear his clothing. The Board granted an annual clothing allowance for the 2018 calendar year based on this condition.
- Granted
The Veteran's service-connected disabilities, including lumbar intervertebral disc syndrome and left lower extremity radiculopathy, result in a loss of use of both lower extremities. The Board finds that the statutory and regulatory criteria for specially adapted housing are met, thus granting the benefit.
- Remanded (sent back)
The Board remands the claim for an initial disability rating higher than 40 percent for lumbar intervertebral disc syndrome, degenerative arthritis, degenerative disc disease, spondylosis with moderate-severe foraminal spinal stenosis and scoliosis to obtain a retrospective medical opinion addressing the severity of the Veteran's lumbar spine disability from August 24, 2012, to June 24, 2020.
- Granted
The Board granted a temporary total disability rating (TTDR) for convalescence following the Veteran's March 2022 back surgeries through September 30, 2022.
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