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
Veterans Law Judge
Decisions by this judge: 3,038 · Granted: 30% (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 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 has decided to remand the Veteran's claim for service connection for degenerative disc disease other than intervertebral disc syndrome, retrolisthesis, and bilateral lower extremity radiculopathy (claimed as back pain) due to incomplete STRs and SPRs. The AOJ is instructed to obtain these records and schedule a VA examination to determine the nature and etiology of the Veteran's back condition.
- Remanded (sent back)
The Veteran's claim for a temporary total rating based on hospitalization or convalescence due to his service-connected cervical spine disability is remanded as the record does not include post-surgical follow-up treatment records from the University of Virginia Hospital.
- Remanded (sent back)
The Board has decided to remand the case due to duty-to-assist errors, including obtaining complete treatment records from Dr. Akin and Dr. Dolnick, and obtaining medical opinions addressing whether the Veteran's current back disability was caused by wear and tear during service or aggravation of a preexisting scoliosis.
- Denied
The Veteran's low back disability is currently rated at 20 percent, effective March 10, 2020. The Board denied an increase in the evaluation for his low back disability as it did not meet the criteria for a higher rating.
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