The Board has remanded the claim for a rating in excess of 10 percent prior to May 31, 2013 and 20 percent thereafter for degenerative disc disease of the thoracolumbar spine due to lack of substantial compliance with previous remand directives.
The deciding factor: The Board found that there was not substantial compliance with the July 2022 remand directives related to obtaining an addendum opinion, a contemporaneous VA examination, and efforts to procure relevant private treatment records.
- Claimed conditions
- Degenerative disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 1, 2022
- Citation
- 22066907
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 22066907.
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 determined that the VA's duty to assist claimants in obtaining relevant records was not met prior to the August 2022 decision on appeal. The claims for increased ratings are being remanded to allow for additional development.
- Granted
The Veteran was previously working and earning above the poverty threshold, but due to his service-connected disabilities, he is now unable to secure or follow a substantially gainful occupation. The Board has granted TDIU from April 22, 2017.
- Remanded (sent back)
The Board has decided to remand the case due to a lack of adequate explanation regarding the effect of painful flare-ups and repeated use over time on the Veteran's thoracolumbar spine.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial compensable rating for postherpetic neuralgia involving the right ear and entitlement to a TDIU due to service-connected disabilities. The Veteran needs a new VA examination for his postherpetic neuralgia involving the right ear, and his claim for TDIU will be referred to the Director of Compensation Service for consideration.
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