The Veteran's claims for heart attacks and hypertension were remanded, while his thoracolumbar scoliosis and cervical spine DDD were denied initial ratings greater than 20 percent. The left clavicle fracture claim was also remanded.
The deciding factor: The evidence did not meet the criteria for higher disability ratings under Diagnostic Codes based on limitation of motion or incapacitating episodes, as there was no IVDS or documented incapacitating episodes.
- Claimed conditions
- Thoracolumbar scoliosis with T11 compression, Degenerative disc disease (DDD) of the cervical spine, status post odontoid fracture, Residuals of lateral left clavicle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2019
- Citation
- 19103753
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 a cervical spine disability and lumbar spine disability as further development is needed to obtain an adequate medical opinion.
- Partly granted
The Board denied service connection for PTSD and remanded the claims for degenerative disc disease of the cervical spine, left upper extremity radiculopathy, and right upper extremity radiculopathy.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including degenerative disc disease of the lumbar and cervical spine, bilateral trochanteric pain syndrome, and a gastrointestinal disability, to obtain additional medical opinions.
- Remanded (sent back)
The Board remands the matter of entitlement to a total disability evaluation based on individual unemployability (TDIU) prior to April 26, 2022, for referral to the Director of Compensation Services for extraschedular consideration.
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