The Board remands the issues of entitlement to an evaluation in excess of 20 percent for a service-connected low back disability and entitlement to a total disability rating based on individual unemployability (TDIU) due to outstanding evidence within VA's constructive possession.
The deciding factor: The decision was made because there is outstanding evidence, specifically the Veteran’s Vocational Rehabilitation file, which may impact the adjudication of the claims.
- Claimed conditions
- lumbosacral strain, degenerative arthritis of the spine
- How they argued it
- Not specified
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- October 1, 2020
- Citation
- 20064032
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.
- Granted
The Board granted service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Partly granted
The Board granted a 20 percent rating for right leg sciatica with radiculopathy pain and paresthesia, but denied increased ratings for PTSD, lumbosacral strain, left wrist limitation of motion with ganglion cyst, and service connection for headaches, unspecified. Several issues were remanded.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
- Partly granted
The Board denied a disability rating greater than 10 percent for tinnitus and a rating greater than 20 percent for lumbosacral strain, but granted a 20 percent rating for left lower extremity sciatic radiculopathy and right lower extremity sciatic radiculopathy.
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