The Veteran's appeal for a higher rating for his thoracolumbar strain (back disability) is remanded due to the need for additional development, including obtaining updated medical records and clarifying whether his back disability results in functional impairment akin to ankylosis.
The deciding factor: The Board found that further clarification was needed regarding whether the Veteran's back disability results in functional impairment akin to ankylosis (constant daily flareups preventing him from getting out of bed).
- Claimed conditions
- Thoracolumbar strain (back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2023
- Citation
- 23021553
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 23021553.
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 OSA is granted as secondary to her service-connected PTSD with obesity. The ratings for her neck and back disabilities remain at 20 percent.
- Remanded (sent back)
The Veteran's back disability was reduced from a 20 percent rating to a 10 percent rating without prior notice. The claim for an increased rating is being remanded due to the failure to provide proper procedures before reducing the rating.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a rating in excess of 10 percent for thoracolumbar strain (back disability) due to inadequate examination and failure to consider functional loss during flare-ups.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a MRI of the lumbar spine. The issues of initial increased ratings for thoracolumbar strain (back disability) and entitlement to TDIU are inextricably intertwined.
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