The Board has remanded the Veteran's claims for increased ratings for his service-connected thoracolumbar spine disability due to inadequate compliance with a previous remand order. The case is now returned to the AOJ for further action.
The deciding factor: The VA examiner was instructed to conduct range of motion testing and estimate additional loss of motion during flare-ups, but did not comply with these instructions.
- Claimed conditions
- T11 compression fracture, degenerative disc disease, thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 22, 2022
- Citation
- 22016538
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 22016538.
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 service connection for dizziness and giddiness, as well as increased disability ratings for alopecia, seborrheic dermatitis, cervical strain, degenerative disc disease of the thoracolumbar spine, dysphagia, left ovarian cyst with dysmenorrhea, and uterine fibroid. The Board also remanded an issue regarding service connection for right lower extremity radiculopathy as secondary to a service-connected back disability.
- Dismissed
The appeal for service connection for degenerative disc disease was dismissed because the condition was already granted in a September 2024 rating decision.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent and 20 percent for lumbosacral strain, chronic and recurrent with mild changes of degenerative disc disease at L5-S1, as well as his claim for TDIU due to service-connected disabilities. The remand requires further examination and consideration of the Veteran's medication use and its impact on range of motion.
- Granted
The Veteran's claim for compensation under 38 U.S.C. § 1151 for lower back surgery (previously rated as degenerative disc disease, thoracolumbar spine) is granted due to the submission of new and relevant evidence.
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