The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of his service-connected cervical spine and lumbar spine disabilities. The RO will also consider the new schedular criteria for evaluation of intervertebral disc syndrome that became effective September 23, 2002.
The deciding factor: The case presents a scenario where it is not possible to separate the effects of two anatomically-proximate conditions (recently-diagnosed disc disease and previously-diagnosed joint disease), so such signs and symptoms should be attributed to the service-connected condition.
- Claimed conditions
- degenerative joint disease of the lumbar spine, cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 7, 2003
- Citation
- 0319398
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 0319398.
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.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Granted
The Board has determined that the Veteran's lumbar spine arthritis is aggravated by his service-connected bilateral knee disabilities, and thus grants service connection for this condition.
- Granted
The Veteran's low back disability was rated at 40% prior to September 28, 2018. From that date, the rating was increased to 50%. The earlier effective date for TDIU is denied.
- Granted
The Veteran's service connection claims for various conditions were granted effective from July 1, 2020.
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