The Veteran's thoracolumbar spine disorder is currently rated as 20 percent disabled, but the evidence does not support a higher rating due to lack of forward flexion limited to 30 degrees or less during flare-ups or repetitive use. The left and right knee disorders are both rated at 10 percent.,The Veteran's TBI, CFS, neuropathy of the upper extremities, and neuropathy of the lower extremity have not been service-connected.
The deciding factor: The evidence does not support a higher rating for the thoracolumbar spine disorder due to lack of forward flexion limited to 30 degrees or less during flare-ups or repetitive use. The left and right knee disorders are both rated at 10 percent.,There is no service connection established for TBI, CFS, neuropathy of the upper extremities, or neuropathy of the lower extremity.
- Claimed conditions
- Thoracolumbar spine disorder, Left knee disorder, Right knee disorder, Traumatic brain injury (TBI), Chronic fatigue syndrome (CFS), Neuropathy of the left upper extremity, Neuropathy of the right upper extremity, Neuropathy of the left lower extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2021
- Citation
- 21000289
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 21000289.
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 Veteran's service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Remanded (sent back)
The Board has determined that the initial ratings assigned for psoriatic arthritis of the upper and lower extremities, as well as service connection for a cervical spine disorder, need to be remanded due to incomplete evidence. The Veteran's periods of active duty for training (ADT) and inactive duty for training (IDT) must be confirmed, and all relevant medical records should be obtained.
- Denied
The Veteran's claim for service connection for gastroesophageal reflux disease (GERD) was denied because the disability is not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a lumbar spine disability was denied because the disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a traumatic brain injury (TBI) was denied because there is no evidence of loss of consciousness or memory impairment following the motor vehicle accident during service, and post-service VA treatment records do not show a diagnosis of TBI.
- Remanded (sent back)
The Board has remanded the claims for service connection and TDIU due to duty to assist errors that occurred prior to the rating decision on appeal. The Veteran's right knee disorder is being remanded for an addendum opinion regarding its etiology.
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