The appeal is remanded to obtain a medical examination to determine the extent and severity of the veteran's service-connected degenerative arthritis of the lumbar spine.
The deciding factor: The examiner did not comply with the Board's previous remand order, specifically regarding the separation of loss of motion attributable to aging from that due to the service-connected condition, as well as quantifying additional range of motion lost due to weakened movement, excess fatigability or incoordination.
- Claimed conditions
- traumatic arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2008
- Citation
- 0810471
Veterans Law Judge
Decisions by this judge: 2,084 · Granted: 20% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0810471.
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.
- Denied
The Veteran's claims for increased ratings and TDIU were denied due to his failure to report for VA examinations, and the claim for TDIU was considered abandoned.
- Denied
The Veteran's application for total disability based on individual unemployability (TDIU) was granted effective August 1, 2016. The Board denied an earlier effective date prior to this date.
- Dismissed
The Veteran's appeal for increased ratings and TDIU has been dismissed as he is already receiving the maximum combined rating for his service-connected disabilities.
- Granted
The Board's decision was vacated due to a failure to fully comply with the Veteran's FOIA request for copies of prior VA examinations.
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