The Board remands the case to obtain outstanding medical records for a more accurate initial rating of the Veteran's service-connected back condition.
The deciding factor: Remand is required due to a duty to assist error in not obtaining known and available relevant medical treatment records.
- Claimed conditions
- thoracolumbar spine degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 2, 2025
- Citation
- A25048583
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 Board granted a restoration of the 40 percent disability rating for thoracolumbar spine degenerative disc disease and an initial 70 percent disability rating for unspecified bipolar and related disorder, along with a total disability rating based on individual unemployability due to service-connected unspecified bipolar and related disorder alone.
- Remanded (sent back)
The Board remands the matter for additional development, specifically to obtain a retrospective opinion addressing the additional loss of range of motion present during the Veteran's reported flare-ups at the time of certain VA examinations and whether his range of motions would be further reduced if not for medications taken at the time of such examinations.
- Remanded (sent back)
The Board remands the matter for a new VA examination to determine the nature and severity of the Veteran's service-connected thoracolumbar spine degenerative disc disease, including whether there is any associated radiculopathy.
- Partly granted
The veteran's claim for an increased rating for thoracolumbar spine DDD was partially granted, with a 20 percent rating from October 22, 2020. Other claims, including those for cervical spine arthritis, PTSD, and reactive airway disease, were denied. Claims related to knee and foot disabilities, as well as TDIU and DEA benefits, were remanded.
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