The Veteran's claim for increased ratings for his lumbar spine scoliosis status post lower back surgery with intervertebral disc syndrome, radiculopathy of the right and left lower extremities is being remanded due to incomplete development. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is also being remanded as it is inextricably intertwined with the increased evaluation issues.
The deciding factor: The claims are being remanded for further development, including issuance of a statement of the case and consideration of all issues on appeal.
- Claimed conditions
- lumbar spine scoliosis status post lower back surgery with intervertebral disc syndrome, rheumatoid arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 8, 2019
- Citation
- 19110389
Veterans Law Judge
Decisions by this judge: 631 · Granted: 21% (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 19110389.
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 Veteran's rheumatoid arthritis disability rating is being remanded for additional development due to significant weight loss and anemia.
- Partly granted
The Veteran's claims for service connection for sleep apnea and hepatic steatosis have been denied. The claim for rheumatoid arthritis is being remanded.,Service connection has not been established for the claimed conditions.
- Partly granted
Service connection for rheumatoid arthritis and Sjogren's syndrome is granted.,Service connection for hypertension is remanded due to insufficient evidence regarding its onset in service or as a result of a disease or injury in active service.
- Denied
The Board denied the Veteran's claims for service connection for blackouts and fainting spells, a bilateral foot condition, and rheumatoid arthritis due to lack of new and relevant evidence.
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