The Board has granted a 40% rating for thoracolumbar spine degenerative arthritis from December 23, 2010. The Veteran's claim for TDIU is remanded due to the evidence showing he is unable to secure or maintain substantially gainful employment due to his service-connected disabilities.
The deciding factor: The Veteran’s thoracolumbar spine degenerative arthritis has been found to have limited flexion to 30 degrees or less, warranting a 40% rating from December 23, 2010. The evidence supports the finding that he is unable to secure and maintain employment due to his service-connected disabilities.
- 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.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 20 percent for thoracolumbar spine degenerative arthritis and degenerative disc disease, entitlement to TDIU, and special monthly compensation due to the need for additional development.
- Granted
The Board granted service connection for multiple musculoskeletal conditions and a psychiatric condition, all of which were determined to be caused by an in-service injury.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
- Remanded (sent back)
The Board remands the claims for revision of an April 2017 rating decision that denied service connection for TBI and a February 2020 rating decision that reduced the Veteran's disability rating for thoracolumbar spine degenerative arthritis, both on the basis of clear and unmistakable error (CUE).
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