The Board has remanded the Veteran's claim for an increased disability rating for his thoracolumbar spine degenerative arthritis and degenerative disc disease due to inadequate VA examination.
The deciding factor: The VA examination report is insufficient to determine the current severity of the Veteran’s thoracolumbar spine degenerative arthritis and degenerative disc disease, as it does not provide information on flare-ups or additional loss of range of motion during a flare-up.
- Claimed conditions
- thoracolumbar spine degenerative arthritis, thoracolumbar spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- 19181108
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 issue of entitlement to an evaluation in excess of 20 percent for thoracolumbar spine degenerative disc disease due to a duty to assist error.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 20 percent for thoracolumbar spine degenerative arthritis and degenerative disc disease, entitlement to TDIU, and special monthly compensation due to the need for additional development.
- Granted
The Board granted service connection for multiple musculoskeletal conditions and a psychiatric condition, all of which were determined to be caused by an in-service injury.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
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