The Veteran's claim for an increased rating of 20 percent disabling, but no higher, for thoracolumbar strain from September 2, 2010 is granted. The claims for a compensable rating for cervical strain prior to March 17, 2016 and for increased ratings in excess of 10 percent disabling from March 17, 2016 to June 8, 2021, and in excess of 20 percent disabling from June 9, 2021 onward are remanded. The claim for a total disability rating based on individual unemployability (TDIU) is also remanded.
The deciding factor: The Veteran's thoracolumbar strain was rated under the General Rating Formula for Diseases and Injuries of the Spine, resulting in a 20 percent rating from September 2, 2010. The claims for cervical strain prior to March 17, 2016 and for increased ratings in excess of 10 percent disabling are remanded due to inadequate VA examination findings regarding flare-ups. The TDIU claim is also remanded as the Veteran has not completed necessary forms.
- Claimed conditions
- thoracolumbar strain, cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 7, 2023
- Citation
- 23027217
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 23027217.
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 service connection claims for various conditions were granted effective from July 1, 2020.
- Dismissed
The Veteran's appeals for service connection were dismissed due to a procedural defect in filing the claims on the correct form.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for migraine headaches and cervical strain due to a duty to assist error. The AOJ failed to obtain VA medical opinions addressing the etiology of these disabilities.
- Denied
The Board denied an earlier effective date for service connection of chronic neck pain and cervical strain, finding that the Veteran did not file a claim for these conditions until June 28, 2013.
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