The Board remands the issue of entitlement to a higher rating for the Veteran's thoracolumbar spine disability due to a duty to assist error regarding the ameliorative effects of medication and an incomplete examination.
The deciding factor: The January 2022 VA examiner did not comment on the ameliorative effects of the Veteran's medication, which is required for evaluating his disability under the rating criteria. Additionally, the examiner was unable to provide an opinion regarding whether the Veteran has bowel urgency or incontinence as a result of his thoracolumbar spine disability.
- Claimed conditions
- thoracolumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 30, 2025
- Citation
- A25056204
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 Board denied service connection for a thoracolumbar spine disability and a left shoulder disability as the evidence did not support that these conditions were incurred or aggravated during active duty, ACDUTRA, or INACDUTRA.
- Remanded (sent back)
The Board denied an earlier effective date for the Veteran's award of service-connected compensation for headaches and remanded claims for increased rating, service connection for a thoracolumbar spine disability, right shoulder disability, and acquired psychiatric disorder.
- Denied
The Board denied service connection for chronic sinusitis, fibromyalgia, and CFS. The Veteran's hearing loss, lumbar spine disability, radiculopathy, shoulder disability, knee meniscal tear, knee limitation of extension, knee scars, GERD, allergic rhinitis, asthma, and PTSD were also not rated higher than their current levels.
- Granted
The Board granted the restoration of a 30 percent rating for left upper extremity radiculopathy effective June 26, 2023, as the reduction was improper.
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