The Board remands the case for additional development, including obtaining outstanding medical records and providing adequate notice to the veteran.
The deciding factor: Additional evidence is needed to properly evaluate the severity of the veteran's service-connected low back disorder, as well as to ensure compliance with notification requirements under Vazquez-Flores v. Peake.
- Claimed conditions
- post-operative back injury with arthritis and degenerative disc disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2008
- Citation
- 0810525
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 Board denied the Veteran's claim for a rating in excess of 40 percent for his service-connected low back disorder, as there was no evidence of ankylosis or other factors that would warrant a higher rating.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.