The Veteran's service-connected degenerative arthritis of the thoracolumbar spine is being remanded for a new VA examination to assess its current severity. The TDIU claim is also being remanded due to its inextricability with the rating claims.
The deciding factor: The Board found that the September 2021 VA examination did not meet the requirements of an adequate examination under Mitchell v. Shinseki, and thus a new examination is needed.
- Claimed conditions
- degenerative arthritis of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 20, 2022
- Citation
- 22002896
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 22002896.
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.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his physical limitations could be accommodated by sedentary employment.
- Granted
The Veteran's back disability (degenerative arthritis of the thoracolumbar spine) is granted as service connected.,The Veteran's bilateral lower extremity radiculopathies (RLE and LLE sciatic radiculopathy) are granted as secondary to her back disability.,The Veteran's chronic sinusitis is remanded due to a lack of verification of the TERA exposure.
- Granted
The Veteran's claim for service connection for a back disability, right and left lower extremity radiculopathy is granted. The Board found that the Veteran's current disabilities are due to his service-connected back disability.
- Dismissed
The Veteran's appeal for service connection on multiple conditions was dismissed due to the absence of a decision addressing tinnitus. The issues of hypertension, sinus condition, bilateral eye condition, right wrist disability, and bilateral hand, arm, elbow, and shoulder disabilities were withdrawn by the Veteran.
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