The Board has remanded the Veteran's claims for increased ratings for his cervical and thoracolumbar spine disabilities due to inadequate examination findings. The TDIU claim is also being remanded as part of this process.
The deciding factor: The VA examiner did not conduct a thorough examination, particularly regarding flare-ups and IVDS, which are critical to determining the appropriate disability rating for the Veteran's spinal conditions.
- Claimed conditions
- Degenerative disc disease (DDD) of the cervical spine, Degenerative disc disease (DDD) of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 16, 2019
- Citation
- 19129437
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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