The Board has remanded the case for further development, including a VA examination to assess the severity of the Veteran's thoracolumbar spine disability during the period prior to January 25, 2014. The issues of entitlement to a higher rating and SMC are inextricably intertwined.
The deciding factor: The Board found that remand is required due to inconsistencies in previous examinations and the need for an updated retrospective medical opinion without considering the ameliorative effects of pain medication on the Veteran's condition.
- Claimed conditions
- Arthritis of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2022
- Citation
- 22001014
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 22001014.
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 claim for an effective date of March 26, 2018, for arthritis of the thoracolumbar spine with IVDS and associated right lower extremity radiculopathy has been granted. The rating assigned is 40 percent.
- Partly granted
The Board granted restoration of a 50 percent rating for TMJ disorder and denied a higher rating, while also granting an initial 40 percent rating for arthritis of the thoracolumbar spine and denying a higher rating.
- Remanded (sent back)
The Board has remanded multiple issues related to the Veteran's spine, bilateral lower extremity, and foot disabilities due to a Joint Motion for Partial Remand (JMPR). The issues include increased ratings for these conditions as well as entitlement to SMC based on aid and attendance and loss of use.
- Denied
The Board has denied the Veteran's claims of service connection for thoracolumbar and cervical spine disabilities, finding that there is no evidence linking these conditions to his military service.
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