The Veteran's claims for increased disability ratings and TDIU have been remanded due to the need for additional development, including obtaining VA treatment records and providing a retrospective medical opinion regarding functional loss during flare-ups.
The deciding factor: The Board finds that there may be outstanding VA treatment records not currently associated with the claims file that are pertinent to the Veteran's psychiatric disorder and degenerative arthritis of the lumbar spine. Additionally, a retrospective medical opinion is needed to estimate the extent of additional functional loss in terms of range of motion during flare-ups.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Left lower extremity radiculopathy, sciatic nerve, Left lower extremity radiculopathy, femoral nerve, Right lower extremity radiculopathy, sciatic nerve, Right lower extremity radiculopathy, femoral nerve, Posttraumatic stress disorder (PTSD), Major depressive disorder (MDD), Generalized anxiety disorder (GAD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2023
- Citation
- 23065318
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 23065318.
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.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Granted
The Veteran's claim for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
- Dismissed
The Veteran's appeals for increased rating and earlier effective date for PTSD have been dismissed due to her withdrawal of the appeal.
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