The Board has remanded the case due to a failure to consider if the Veteran's symptoms amount to functional ankylosis, which can establish entitlement to a higher disability rating for his service-connected thoracic spine.
The deciding factor: The Court found that the Board did not consider Chavis v. McDonough (2021) and whether the Veteran's reported flare-ups were the functional equivalent of ankylosis.
- Claimed conditions
- Degenerative disc disease of the thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 15, 2023
- Citation
- 23051152
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 23051152.
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 remands the case to obtain a medical opinion regarding the severity of the Veteran's back disabilities, specifically addressing functional loss during flare-ups and with repeated use over time.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative disc disease of the thoracic spine, a rating in excess of 70 percent for PTSD and panic disorder with alcohol use disorder (in remission), and entitlement to a total disability rating based on individual unemployability.
- Remanded (sent back)
The Board has remanded the case for further development and examination, including to consider the ameliorative effects of medications on the Veteran's service-connected disabilities and to determine whether an effective date earlier than June 5, 2013 is warranted for the grant of service connection for radiculopathy of the right lower extremity.
- Remanded (sent back)
The Veteran's claim for a rating in excess of 10 percent for degenerative disc disease of the thoracic spine is being remanded due to the need for additional examination and opinion.,The Veteran's claim for service connection for a cervical spine disorder is being remanded as new evidence has been submitted but an etiology opinion is needed.
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