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
Veterans Law Judge
Decisions by this judge: 1,515 · 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 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.
- Granted
The Veteran's service-connected disabilities prevent him from securing and following any substantially gainful occupation, thus meeting the criteria for a TDIU.
- Denied
The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and his TDIU claim is denied.
- Remanded (sent back)
The Veteran's request to reopen the claim of service connection for a herniated nucleus pulposus, L4-5, is denied. The Board has also remanded the issue of service connection for a left lower extremity disability due to outstanding medical questions.
- Granted
The Veteran's service-connected disabilities, including his herniated nucleus pulposus, lumbosacral strain and degenerative changes, diabetes mellitus, bilateral retinopathy with cataracts associated with diabetes mellitus, residuals of a fractured phalanx, right third toe, high frequency hearing loss of the left ear, and malaria, preclude him from securing and following substantially gainful employment. The Board finds that the evidence is in relative equipoise that the Veteran is unable to obtain or maintain substantially gainful employment by reason of his service-connected disabilities and grants TDIU on an extraschedular basis.
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