The veteran's claims for increased evaluations for his service-connected lumbar and cervical spine disabilities are being remanded due to the submission of new evidence without a waiver by the RO.
The deciding factor: New evidence was submitted directly to the Board, requiring its review before further action can be taken on the claim.
- Claimed conditions
- degenerative disc disease of the lumbar spine with degenerative arthritis, degenerative disc disease of the cervical spine with degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 24, 2005
- Citation
- 0514191
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 0514191.
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 Board has granted service connection for left upper extremity radiculopathy as secondary to the Veteran's service-connected degenerative disc disease and osteophytes of the cervical spine. The initial rating in excess of 10 percent for the cervical spine condition is remanded.
- Partly granted
The Board granted an effective date of November 19, 2019, for the grant of service connection for degenerative disc disease of the lumbar spine with degenerative arthritis and left lower extremity radiculopathies but denied earlier effective dates for other conditions.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a lower back disability due to insufficient evidence regarding its etiology. The case will be returned to the AOJ for further review and consideration.
- Denied
The Board finds that a low back disorder, to include degenerative disc disease of the lumbar spine with degenerative arthritis, was not incurred in or aggravated by active service and arthritis may not be presumed to have been incurred in service.
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