The Veteran's thoracolumbar spine arthritis was rated at 10 percent prior to January 25, 2014 and at 40 percent thereafter. The Board has remanded the case for further development.
The deciding factor: The VA examinations did not comply with the requirements in Sharp v. Shulkin (2017) due to speculative estimates of range of motion loss during flare-ups, necessitating a new examination.
- Claimed conditions
- Arthritis of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 13, 2020
- Citation
- 20066001
Veterans Law Judge
Decisions by this judge: 2,435 · Granted: 22% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 20066001.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's claim for an effective date of March 26, 2018, for arthritis of the thoracolumbar spine with IVDS and associated right lower extremity radiculopathy has been granted. The rating assigned is 40 percent.
- Whole decision: Partly granted
The Board granted restoration of a 50 percent rating for TMJ disorder and denied a higher rating, while also granting an initial 40 percent rating for arthritis of the thoracolumbar spine and denying a higher rating.
- Whole decision: Remanded (sent back)
The Board has remanded multiple issues related to the Veteran's spine, bilateral lower extremity, and foot disabilities due to a Joint Motion for Partial Remand (JMPR). The issues include increased ratings for these conditions as well as entitlement to SMC based on aid and attendance and loss of use.
- Whole decision: Denied
The Board has denied the Veteran's claims of service connection for thoracolumbar and cervical spine disabilities, finding that there is no evidence linking these conditions to his military service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.