The Board remands the issue of entitlement to an evaluation in excess of 20 percent for thoracolumbar spine degenerative disc disease due to a duty to assist error.
The deciding factor: The ameliorating effects of medication must not be considered when evaluating a disability unless the diagnostic code specifically contemplates medication, and as the rating criteria do not contemplate such effects, an examination is needed to determine the current severity of the Veteran's back disability without considering the relief provided by his medications.
- Claimed conditions
- thoracolumbar spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2025
- Citation
- A25110565
Veterans Law Judge
Decisions by this judge: 1,762 · Granted: 24% (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 A25110565.
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.
- Granted
The Veteran's service-connected disabilities, including migraine headaches, chronic vertigo, thoracolumbar spine degenerative disc disease, cervical spine degenerative disc disease, left and right lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on the combined effects of these disabilities.
- Denied
The Board denied an earlier effective date for service connection of thoracolumbar spine degenerative disc disease, finding that the Veteran did not file a claim prior to March 1, 2018.
- Denied
The Board denied service connection for thoracolumbar spine degenerative disc disease, and found that new and relevant evidence had not been received to readjudicate the claims for left and right lower extremity stent placements in femoral arteries.
- Dismissed
The appeals for higher ratings of thoracolumbar spine degenerative disc disease and cervical spine degenerative joint disease were dismissed due to the Veteran's death.
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