The Veteran's service-connected back disability is being remanded for further development, including a new VA examination to assess the current severity of his condition. The issue of entitlement to TDIU has also been added due to the impact it could have on the increased rating claim.
The deciding factor: The decision was remanded because the most recent VA examination did not comply with the requirements in Correia v. McDonald, 28 Vet. App. 158 (2016), and there is a need for further development to assess the current severity of the Veteran's service-connected back disability.
- Claimed conditions
- lumbar spine degenerative arthritis with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 20, 2019
- Citation
- 19195696
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 19195696.
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 Veteran was granted special monthly compensation (SMC) based on the need for regular aid and attendance, SMC at the M level based on loss of use of the lower extremities, and SMC at the O level based on the award of SMC L and SMC M. The claim for SMC based on housebound status was dismissed as moot.
- Partly granted
The veteran's claim for an earlier effective date for service connection of right and left lower extremity radiculopathy was dismissed. The claims for higher ratings for several conditions were remanded. An effective date of September 5, 2019, for TDIU and DEA benefits was granted.
- Partly granted
The Board dismissed the veteran's appeals for an earlier effective date for several service-connected conditions but remanded the issues related to initial disability ratings.
- Remanded (sent back)
The Veteran's appeal regarding his thoracolumbar spine disorder is being remanded due to the need for an SSOC based on additional evidence received since the September 2019 SOC.
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