The Board has denied a non-initial compensable rating for osteoporosis of the thoracic spine and has remanded the issue of total disability rating based on individual unemployability (TDIU). The Veteran's symptoms are related to her lumbosacral DDD and spine arthritis, which was service-connected after this increased rating appeal was perfected.
The deciding factor: The Veteran’s osteoporosis is not symptomatic and any symptoms relating to the thoracolumbar spine are due to her lumbosacral DDD and spine arthritis. Providing an additional rating for osteoporosis would violate the rule against pyramiding.
- Claimed conditions
- Osteoporosis of the thoracic spine, Lumbosacral spine degenerative disc disease (DDD) and facet arthropathy with degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2020
- Citation
- 20081146
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
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