The Board has remanded the Veteran's claims for service connection and increased ratings due to outstanding VA medical records, a need for additional examination regarding flare-ups, and potential TDIU issues.
The deciding factor: The decision is based on the need for further development of evidence and clarification of functional loss during flare-ups as required by recent case law.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Degenerative arthritis of the spine, Radiculopathy, bilateral lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2020
- Citation
- 20073350
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 degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), and foraminal stenosis based on a finding that these conditions are related to the Veteran's military service.
- Remanded (sent back)
The Board remands the claim for service connection for degenerative arthritis of the spine to obtain a new medical opinion that considers an in-service injury after appropriate efforts are made to obtain the appellant's service treatment records.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.