The Veteran's claim for service connection for degenerative arthritis of the thoracolumbar spine has been granted. The other claims, including a rating in excess of 30 percent for her psychiatric disorder, are being remanded due to pre-decisional errors.
The deciding factor: The AOJ committed a pre-decisional error by failing to thoroughly document efforts to obtain VA medical records, which could be pertinent to the propriety of the ratings and other claims.
- Claimed conditions
- Degenerative arthritis of the thoracolumbar spine, Other specified trauma- and stressor-related disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2023
- Citation
- A23035449
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 A23035449.
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.
- Dismissed
The Veteran's appeal for service connection of degenerative arthritis of the thoracolumbar spine was dismissed as a matter of law due to a full grant of benefits. The appeals for left knee and left ankle disabilities are remanded.
- Granted
The Board has granted the Veteran's claim for service connection for an acquired psychiatric disability, including other specified trauma- and stressor-related disorder and major depressive disorder. The Board found that these conditions are related to his in-service stressors of military sexual trauma (MST).
- Denied
The Veteran's disability rating for other specified trauma- and stressor-related disorder with generalized anxiety disorder is denied as his symptoms do not meet the criteria for a higher rating.
- Granted
The Veteran's lumbar disability and associated radiculopathy of the sciatic and femoral nerves are granted with effective dates from June 30, 2010. A 40% rating is assigned for the lumbar disability.
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