The appeal is being remanded to the RO for scheduling of a hearing before a Veterans Law Judge at the Houston, Texas VARO.
The deciding factor: The veteran has requested a Travel Board hearing and has not been afforded one yet.
- Claimed conditions
- degenerative disc disease of the lumbar spine, cervical spine disability, to include degenerative changes of the cervical spine, thoracic spine disability, to include degenerative changes of the thoracic spine, post-traumatic stress disorder, right and left shoulder disabilities, right and left hip disabilities, right and left knee disabilities, right and left ankle disabilities, disorder characterized by numbness of the right and left hands, disorder characterized by pain in the left arm and side, disorder characterized by 'vision problems', disorder characterized by shortness of breath, chronic sinus disorder, chronic headache disorder, disorder characterized by 'sexual dysfunction', tinnitus ('buzzing') in the ears, plantar fasciitis of the right foot, plantar fasciitis of the left foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 21, 2008
- Citation
- 0813045
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.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
- Remanded (sent back)
The Board remands the claim for a cervical spine disability to obtain an addendum medical opinion addressing the Veteran's in-service treatment for pack palsy with residual weakness.
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