The Board's October 2019 decision remanding the TDIU claim is vacated, and the case is now remanded for further action.
The deciding factor: The representative previously provided a waiver of the AOJ’s initial consideration of additional evidence associated with the claims file after the August 2017 Statement of the Case.
- Claimed conditions
- Low back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2020
- Citation
- 20001253
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 an increased rating for low back strain to correct a pre-decisional duty to assist error.
- Granted
The Veteran's service-connected disabilities, including the side effects of medication taken to treat his back disability, precluded substantially gainful employment consistent with his education and occupational experience.
- Denied
The Board denied the Veteran's claim for a rating in excess of 10 percent for his low back strain based on the evidence showing that the disability did not meet the criteria for a higher rating.
- Partly granted
The Board denied a rating in excess of 40 percent for low back strain and a rating in excess of 20 percent for left lower extremity radiculopathy, sciatic nerve after April 26, 2024. However, it granted a 20 percent rating for the left lower extremity radiculopathy, sciatic nerve prior to that date and remanded the claim for service connection for an acquired psychiatric disability.
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