The veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to his service-connected lumbar disc disease and the propriety of reducing his rating from 60 percent to 40 percent are being remanded for further development.
The deciding factor: Further development is necessary to ensure that the veteran receives a fair adjudication of his claims, including an appropriate VA examination to determine the impact of his service-connected lumbar disc disease on his employability.
- Claimed conditions
- lumbar disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2008
- Citation
- 0812093
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 Board granted service connection for left knee strain, lumbar disc disease, and cervical spine disability based on evidence supporting an in-service onset of symptoms that have continued to the present.
- Remanded (sent back)
The Board remands the Veteran's claims for a higher disability rating for lumbar disc disease due to inadequate medical examinations.
- Remanded (sent back)
The Board remands the claims for a new VA examination to address deficiencies in the previous examination report and to determine the current severity of the Veteran's lumbar disc disease, as well as its impact on his employability.
- Dismissed
The appeal for service connection for lumbar disc disease was withdrawn by the Veteran before a decision could be made.
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