The veteran's appeal includes claims for increased ratings and service connection for various conditions. The RO has granted a 20 percent rating for degenerative joint disease of the lumbar spine, but the cervical-thoracic spine and right shoulder disabilities are not currently rated under the old criteria due to their protected status. The case is being remanded for further development including additional VA examinations and consideration of new evidence.
The deciding factor: The veteran's existing 20 percent rating for degenerative joint disease of the lumbar spine remains in effect, but his cervical-thoracic spine and right shoulder disabilities are not currently rated under the old criteria due to their protected status. The case is being remanded for further development including additional VA examinations and consideration of new evidence.
- Claimed conditions
- Degenerative joint disease of the cervical-thoracic spine, Degenerative joint disease of the lumbar spine, Prostate disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 9, 2005
- Citation
- 0521441
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 0521441.
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 Veteran's claim for an increased rating of his low back disability is being remanded due to the reduction in evaluation from 40 percent to 20 percent effective May 31, 2014. The RO needs to provide updated VA treatment records and schedule a VA examination to determine the current severity of the disability.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Denied
The Board denied service connection for bladder and prostate disorders, finding that the evidence does not support a link to service or environmental exposures. The Veteran's claims were based on direct causation rather than presumptive exposure.
- Denied
The Veteran's cervical strain with spinal fusion is rated at 20 percent, and the Board denied an increased rating.,The Veteran's degenerative joint disease of the lumbar spine is rated at 20 percent, and the Board denied an increased rating.
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