The Veteran's claim for an increased rating for his service-connected thoracolumbar spine disability is remanded due to a pre-decisional duty to assist error. An additional examination must be scheduled.
The deciding factor: An additional VA examination is needed to assess the severity of the Veteran's thoracolumbar spine disability and determine if it warrants an increased rating.
- Claimed conditions
- thoracolumbar spine, rhomboid strain, Schmorl's nodes T12-L4, Scheuermann disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2024
- Citation
- A24059026
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 A24059026.
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 Board has granted service connection for thoracolumbar spine and secondary service connection for radiculopathy of the right and left lower extremities, finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's active-duty service.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate notice and an inadequately supported medical opinion, requiring further review of eligibility for PCAFC benefits based on need for personal care services related to service-connected conditions.
- Dismissed
The Veteran withdrew his appeal for an initial rating in excess of 20 percent for service-connected left shoulder rotator cuff tendonitis and rhomboid strain, resulting in the dismissal of this issue.
- Granted
The Veteran's service connection claim for degenerative arthritis and degenerative disc disease of the thoracolumbar spine is granted, as his back disability had its onset in active military service.
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