The Veteran's claim for increased ratings for his thoracolumbar spine disability and TDIU prior to July 13, 2012 is being remanded due to the need for further development.
The deciding factor: The evidence does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine or the IVDS Formula. The Veteran's TDIU claim prior to July 13, 2012 is also being remanded as there are no service-connected disabilities rated at least 40% disabling.
- Claimed conditions
- Degenerative Joint Disease of the Thoracolumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2023
- Citation
- 23066632
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 23066632.
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 Veteran's claims for increased ratings for his service-connected degenerative joint disease of the thoracolumbar spine, cervical spine, and TMJ with osteomyelitis are being remanded due to inadequate VA examinations. The cases will be returned for additional development.
- Granted
The Veteran's service-connected disabilities, including PTSD, right knee and left knee conditions, hearing loss, tinnitus, and back issues, rendered him unable to secure or maintain substantially gainful employment from September 25, 2017, to January 14, 2020. The Board granted the Veteran's claim for TDIU based on these disabilities.
- Remanded (sent back)
The Veteran's claim for a higher disability rating for his service-connected thoracolumbar spine disability is remanded due to the need for an addendum medical opinion regarding whether his lumbar spine limitations constitute the functional equivalent of ankylosis, including during flare-ups and/or after repeated use over time.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU were remanded by the Board. The case is now before the Board again.
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