The Board has remanded the case for additional development, including obtaining X-rays of the cervical spine and scheduling a VA examination to determine if there is any demonstrable deformity of the C5 and/or C6 vertebrae. The claim will be reconsidered based on Diagnostic Code 5285 under the pre-September 2003 version of the Rating Schedule.
The deciding factor: The Board found that the additional evidence submitted did not raise a reasonable possibility of substantiating the claims, and thus denied reopening of the low back disability claim. The cervical spine claim is being remanded for further development to determine if there are any demonstrable deformities in the C5 and/or C6 vertebrae.
- Claimed conditions
- Low Back Disability, Cervical Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 2, 2007
- Citation
- 0734492
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 0734492.
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 decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.
- Granted
The Board has granted service connection for the Veteran's low back disability, including diagnosed degenerative arthritis with DDD other than intervertebral disc syndrome and spinal stenosis status post L3, L4, and L5 laminectomy. The decision is based on the Veteran's in-service injury and his ongoing symptoms since then.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Granted
The Veteran's right shoulder disability, low back condition, bilateral knee disabilities, and left shoulder strain have been granted service connection. The Veteran's low back condition has been increased to a 40 percent evaluation, while the bilateral knee conditions remain at their current 10 percent evaluations.
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