The Veteran's claim for a higher rating for his thoracolumbar spine disability is being remanded due to the need for a VA examination.
The deciding factor: The Veteran has not been provided with an examination that includes range of motion findings and flare-up information as required by recent court decisions.
- Claimed conditions
- degenerative arthritis with disc disease of the thoracolumbar spine, strain, retrolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 19, 2019
- Citation
- 19130969
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 a lumbosacral intervertebral disc syndrome and strain as additional evidence is needed to properly evaluate the disability.
- Granted
The Board has granted service connection for the Veteran's thoracolumbar spine disability, finding that the evidence is at least evenly balanced as to whether the condition had its onset in active-duty service. The decision resolves reasonable doubt in favor of the Veteran.
- Remanded (sent back)
The Board has remanded the case for a medical opinion to address the Veteran's right wrist disability, including whether it is related to service and/or secondary to his service-connected right elbow lateral epicondylitis.
- Denied
The Veteran's initial claim for a higher rating for thoracolumbar scoliosis, strain, and degenerative disc disease prior to September 9, 2016 was denied as the evidence did not show limitation of motion more nearly approximating forward flexion of the thoracolumbar spine to 30 degrees or less; or, favorable ankylosis of the entire thoracolumbar spine.,The Veteran's claim for a higher rating for degenerative arthritis of the spine and IVDS from September 9, 2016 was denied as there were no episodes of acute signs and symptoms due to intervertebral disc syndrome that required bed rest prescribed by a physician and treatment by a physician in the past 12 months.
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