The Board denied an earlier effective date for a 40 percent rating for the Veteran's thoracolumbar spine disability and remanded the matter of entitlement to TDIU from January 27, 2018, to prior to September 7, 2022.
The deciding factor: The Board found no factually ascertainable increase in severity of the Veteran's thoracolumbar spine disability within a year before his application for an increased rating, and remanded TDIU claims due to errors in the AOJ's duty to assist.
- Claimed conditions
- thoracolumbar spine degenerative joint disease with strain and minimal sigmoid curvature with a transitional S1 vertebrae (thoracolumbar spine disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2025
- Citation
- A25026572
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.
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