The Board has remanded the cases for further development and consideration due to inadequate addendum opinions regarding functional loss during flare-ups of pain in the Veteran's back and right elbow.
The deciding factor: The VA examiners were unable to provide an adequate opinion without resorting to speculation, as they did not account for the Veteran's reported flare-ups of pain.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the thoracolumbar spine, Status post right ulnar decompression and elbow strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 17, 2021
- Citation
- 21015240
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 21015240.
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 Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- Denied
The Board denied entitlement to increased ratings for the Veteran's low back disability, left ankle disability, and lower extremity radiculopathy, as well as a TDIU.
- Denied
The Board denied the Veteran's appeal for an initial rating in excess of 40 percent for degenerative disc disease (DDD) of the thoracolumbar spine, as there was no evidence of unfavorable ankylosis.
- Denied
The Board denied an increased rating in excess of 10 percent for degenerative disc disease of the thoracolumbar spine prior to December 21, 2023, and in excess of 40 percent from December 21, 2023.
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