The Veteran's claim for a higher rating for thoracolumbar spine degenerative arthritis has been granted, with a 40% rating effective from December 23, 2010. The TDIU claim is also remanded.,A total disability rating due to individual unemployability (TDIU) is granted from December 23, 2011.
The deciding factor: The evidence shows that the Veteran's thoracolumbar spine degenerative arthritis has resulted in significant functional impairment and limited range of motion, warranting a higher rating. The TDIU claim was remanded due to insufficient evidence regarding unemployability.
- Claimed conditions
- thoracolumbar spine degenerative arthritis, an acquired psychiatric disorder (to include depression and anxiety)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 16, 2020
- Citation
- 20079480
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 20079480.
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 has granted the Veteran's claim for service connection for a lower back condition, including thoracolumbar spine degenerative arthritis and degenerative disc disease other than IVDS. The decision finds that the Veteran's current disability is causally related to his military service due to an accident during training in 1963.
- Granted
The Veteran's chronic sinusitis is granted as service connected on a direct basis due to exposure to burn pits during his service in Djibouti.,The Veteran's thoracolumbar spine degenerative arthritis is granted as service connected on a direct basis, related to his time as an aviator and the hard landings he experienced.
- Dismissed
The Board has dismissed the appeals for all claims of service connection, including those for bilateral flat feet, thoracolumbar spine degenerative arthritis, cervical spine degenerative arthritis, right CTS, left CTS, essential tremors, right ankle arthritis, right shoulder arthritis, and left knee arthritis. The appeal of sleep apnea was granted in a July 2024 rating decision.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings due to potential missing treatment records and deficiencies in the VA examinations used. The Veteran will need new disability benefit questionnaires completed, as well as new VA examinations with specific range of motion measurements.
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