The Board has remanded the Veteran's claims for higher ratings for low back disability, neck disability, and left upper extremity radiculopathy due to insufficient consideration of functional loss and medication effects. The TDIU claim prior to October 29, 2014, is also inextricably intertwined with these issues.
The deciding factor: The Board failed to adequately consider the Veteran's use of prescription drugs and pain medications in its rating determinations for her disabilities.
- Claimed conditions
- Degenerative disc disease (Thoracolumbar spine), Scoliosis, Left upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2023
- Citation
- 23062275
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 23062275.
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.
- Denied
The Board denied the Veteran's claim for service connection for a cervical spine disability with left upper extremity radiculopathy, finding that there was no evidence of an in-service injury or chronic condition. The Board concluded that the Veteran did not meet the criteria for direct service connection.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a total disability rating based on individual unemployability.
- Granted
The Veteran's claim for special monthly compensation based on the need for regular aid and attendance due to service-connected disabilities has been granted. The Board found that the Veteran requires assistance with eating, dressing, hygiene needs, medication management, housekeeping, meal preparation, and laundry.
- Dismissed
The Board has dismissed the Veteran's appeals for earlier effective dates on all issues related to his service-connected conditions.
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