The Board has remanded the cases for further development due to inadequate compliance with previous instructions. Specifically, a new VA examination is needed to determine the current severity of the Veteran's thoracic kyphosis.
The deciding factor: Previous examinations did not comply with the instruction to indicate where pain begins upon range of motion testing.
- Claimed conditions
- thoracic kyphosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2023
- Citation
- 23057754
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 23057754.
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 an earlier effective date for service connection was dismissed as he did not submit a valid Notice of Disagreement or new and material evidence regarding the effective date.
- Denied
The Veteran's claims for service connection for various conditions were denied. The March 2016 rating decision assigned a 10% disability rating for thoracic kyphosis, but did not address the secondary service connection claims.
- Denied
The Veteran's back disability, right lumbar radiculopathy, and left lumbar radiculopathy are all rated at the maximum allowable under current VA regulations. The Board denied further increases in these ratings.
- Denied
The Veteran's thoracic spine disability is rated at 20 percent, effective prior to September 23, 2020. The Board denied a higher rating for the thoracic spine disability and also denied a TDIU based on service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.