The Board remanded the case for additional development, specifically an orthopedic examination with a thorough explanation of the nature and etiology of any diagnosed spinal disability.
The deciding factor: The negative nexus opinion provided in January 2008 was deemed insufficient by the Board, requiring an addendum or new examination to provide a supported medical opinion on the relationship between the veteran's current low back disorder and his military service.
- Claimed conditions
- herniated nucleus pulposus, L4-5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2008
- Citation
- 0811327
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 remanded all issues for further development and examination. The Veteran's claims involve various ratings for service-connected disabilities related to the lumbar spine, lower extremities, and knees.
- Denied
The Board denied a rating greater than 20 percent for the Veteran's lumbar spine disorder, as the evidence did not support forward flexion limited to 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine.
- Dismissed
The Veteran withdrew his appeals for increased ratings for herniated nucleus pulposus and a total disability rating based on individual unemployability (TDIU). As a result, the Board dismissed these appeals.
- Remanded (sent back)
The Board has remanded the case for further development to confirm the Veteran's employment history and determine if he is unemployable due to his service-connected disabilities.
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