The Board has remanded the case for further development and readjudication, including consideration of whether an extraschedular rating is warranted prior to March 27, 2001, for the Veteran's thoracic spine disability, lumbar spine disability, and total disability rating based on individual unemployability (TDIU). The effective date issue for Dependents' Educational Assistance (DEA) will also be remanded.
The deciding factor: The Board found that the Veteran's service-connected disabilities made him unemployable prior to March 27, 2001, and thus remanded the case for consideration of an extraschedular rating in those cases.
- Claimed conditions
- Thoracic spine injury, Chronic lumbar spine strain with degenerative joint disease (DJD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2022
- Citation
- 22064561
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. Read the original VA decision (opens in a new tab) using citation 22064561.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an earlier effective date for a compensable rating for the residuals of a thoracic spine injury was denied as there is no factually ascertainable evidence demonstrating an increased disability was manifest prior to July 12, 1995.
- Denied
The Board found that the Veteran's TDIU benefits should not be restored as he had been employed for at least 12 months prior to May 1, 2009 and his income exceeded the poverty threshold.
- Denied
The Veteran's thoracic spine disability has not been shown to warrant a rating in excess of the current 10 percent evaluation.
- Denied
The Board found that the Veteran's current spinal disability is not related to his active service, and thus denied his claim for service connection.
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