The Board has remanded the case due to a lack of compliance with previous remand directives and the need for a VA muscle examination.
The deciding factor: The Veteran's claim requires additional evidence, specifically a VA muscle examination, to determine if the spinal cord stimulator implant surgery caused his thoracic spine disability.
- Claimed conditions
- Thoracic spine disability (claimed as a back condition), Surgical scar, Incisional pain, TTP of the paraspinal muscles at the lower third of the incision site, Thoracic muscle strain to trapezius and latissimus dorsi
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2021
- Citation
- 21072540
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 21072540.
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 has remanded the Veteran's claims for increased ratings and effective dates due to new evidence received after the initial decisions. The Veteran is entitled to earlier effective dates for service connection of CAD, surgical scar, and atrial fibrillation.
- Remanded (sent back)
The Board has determined that the Veteran's claims for increased ratings remain before it and have been remanded due to the need for additional medical evidence and examinations.
- Granted
The Veteran's disability rating for a heart disorder was restored from 60% to 30%, effective August 8, 2014. The Board found that the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work, thus restoring the original rating.
- Denied
The Veteran's non-compensable service-connected disabilities (non-Hodgkin's lymphoma and surgical scar) did not interfere with his normal employability, so he is not entitled to a 10% evaluation under the provisions of 38 C.F.R. § 3.324.
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