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
Want to see how appeals like this one tend to go? Appeals like mine
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