The Veteran's claim for a higher rating for his thoracolumbar spine strain is remanded due to incomplete development of records and the need for a new VA examination.
The deciding factor: Incomplete development of records, specifically missing authorization forms for private chiropractor records, and the need for a more detailed VA examination to assess current severity and functional loss.
- Claimed conditions
- Thoracolumbar spine strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2019
- Citation
- 19191617
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 19191617.
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.
- Partly granted
The Board denied increased ratings for cervical and thoracolumbar spine strains, TMJ disorder, dermatitis of the face, right knee chondromalacia grade II with patellar tendonitis, medial meniscal derangement, and Baker's cyst, and bilateral hearing loss. However, service connection was granted for radicular pain paresthesia of the right upper extremity.
- Partly granted
The Veteran's initial disability rating for thoracolumbar spine strain is granted at 40 percent, effective prior to April 8, 2016. The rating for IVDS from April 8, 2016 is denied. A separate 10 percent rating is granted for right lower extremity radiculopathy.
- Granted
The Veteran's right knee status post arthroplasty with history of degenerative joint disease is granted a disability rating of 60 percent, effective October 1, 2013. The other issues related to his thoracolumbar spine strain and right knee conditions have been resolved in his favor.
- Denied
The Veteran's service-connected disabilities were not permanent and total as of September 20, 2016. Therefore, the effective date for her Dependent's Education Assistance (DEA) benefits cannot be earlier than September 20, 2016.
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