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
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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