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.
The deciding factor: The VA examinations were found to be inadequate as they did not address functional loss during flare-ups or provide specific measurements of range of motion during such events.
- Claimed conditions
- Degenerative Joint Disease of the Thoracolumbar Spine, Degenerative Joint Disease of the Cervical Spine, Temporomandibular Joint Disorder (TMJ) and Osteomyelitis of the Jaw
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2024
- Citation
- A24061135
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 A24061135.
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 Veteran's degenerative joint disease of the cervical spine was found to not meet the criteria for a higher disability rating, as it did not result in forward flexion of 15 degrees or less and there was no evidence of favorable ankylosis of the entire cervical spine.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
- Partly granted
The Veteran's GERD was granted a 60 percent disability rating, and the June 15, 2020 VA Form 10182 for service connection claims was accepted as timely due to good cause shown.
- Granted
The Veteran's low back disability was restored to a 20 percent rating effective February 24, 2022. The other issues were denied.
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