The Board remands the claims for a rating in excess of 40 percent for degenerative arthritis of the back and entitlement to a total disability rating based on individual unemployability (TDIU) due to pre-decisional duty to assist errors.
The deciding factor: Remand is required to correct two pre-decisional duty to assist errors, including obtaining private treatment records and conducting a new medical examination to consider the ameliorative effects of medication on the Veteran's back disability.
- Claimed conditions
- Degenerative arthritis of the back
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2025
- Citation
- A25037438
Veterans Law Judge
Decisions by this judge: 1,614 · Granted: 35% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A25037438.
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.
- Partly granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance of another since September 30, 2020.
- Remanded (sent back)
The Board remands the claims for an initial evaluation in excess of 20 percent for degenerative arthritis of the back and a compensable evaluation for migraine headaches prior to May 3, 2024, due to pre-decisional duty to assist errors.
- Partly granted
The Board granted service connection for a back disorder and right ear hearing loss, but denied an increased rating for tinnitus.
- Granted
The Veteran's degenerative arthritis of the back is granted as service connected, with the injury occurring during active duty for training (ACDUTRA). The Board found a causal relationship between the Veteran's parachute jump injury and his current condition.
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