The veteran is seeking compensation under 38 U.S.C.A. § 1151 for additional disability of the lumbar spine, hips and undue stress due to a March 25, 2004 VA examination, and/or May 11, 2004 VA bone marrow biopsy. The Board has determined that a remand is necessary to determine if there was any additional disability resulting from these examinations and whether it was caused by negligence.
The deciding factor: The veteran's claim requires further investigation due to the need for an examination to assess the presence of additional disability and its causation.
- Claimed conditions
- lumbar spine, hips, undue stress
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 20, 2008
- Citation
- 0805728
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 0805728.
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.
- Dismissed
The Veteran withdrew his appeal for increased rating claims for lumbar spine and bilateral knee disabilities, so the case is dismissed.
- Granted
The Veteran's service-connected disabilities, including lumbar spondylosis and other conditions such as obstructive sleep apnea and irritable bowel syndrome, have rendered him unable to secure or follow a substantially gainful occupation.
- Dismissed
Your appeal for service connection on multiple conditions has been dismissed due to the Veteran's death during the pendency of your appeal.
- Dismissed
The Veteran requested to withdraw all pending appeals due to his current 100% P&T status effective June 20, 2024.
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