The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional evidence to be considered.
The deciding factor: Additional pertinent evidence has been received since the last statement of the case (SOC), including a VA examination and updated treatment records, which must be reviewed by the RO before readjudication can occur.
- Claimed conditions
- degenerative changes of the thoracolumbar spine, sensory deficits of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2019
- Citation
- 19102001
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 Veteran's claims for service connection and rating of his respiratory condition and degenerative changes of the thoracolumbar spine due to incomplete examination findings. The Veteran is asked to provide a new VA opinion regarding the nature and etiology of his respiratory disability, specifically whether it is related to passive asbestos exposure in service. A new VA examination is also needed for the back disability.
- Remanded (sent back)
The Board has remanded the claim for service connection of a back condition, as the Veteran's character of discharge is considered to be under other than honorable conditions due to willful and persistent misconduct.
- Denied
The Veteran's claim for a compensable rating for service-connected sensory deficits of the right lower extremity is denied as there is no evidence of current symptomology related to this condition.
- Partly granted
The Board found that new and material evidence had been submitted to reopen the claim for service connection for a low back disability, and granted service connection based on the medical opinion that the current degenerative changes of the thoracolumbar spine are related to the veteran's in-service injury.
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