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
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 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.
- Granted
The Veteran is granted special monthly compensation (SMC) at the intermediate rate between 38 U.S.C. § 1114 subsections (l) and (m) due to service-connected disabilities that exceed the requirements for SMC based on regular aid and attendance.
- Denied
The Veteran's service-connected disabilities prior to September 11, 2013 did not meet the schedular criteria for a total disability rating based on individual unemployability. The earlier effective date claim for basic eligibility for dependents' educational assistance benefits was denied as the Veteran did not meet the minimum threshold requirement of having a permanent, total service-connected disability prior to September 11, 2013.
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.