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. Look up the original decision on VA.gov (opens in a new tab) using citation A23035449.
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.
- 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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