The appeal is remanded for additional development, including a new VA examination to assess the current severity of the veteran's service-connected cervical and lumbar spine disabilities.
The deciding factor: The 2007 VA orthopedic examination did not provide a clear picture as to the functional impairment due to incoordination, weakened movement, excess fatigability on use, and pain or the functional impairment during flare-ups. Additionally, the veteran's claims file may not have been reviewed by the examiner at that time.
- Claimed conditions
- cervical fusion residuals C5-6 and C6-7 with degenerative disc disease, degenerative disc disease L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2008
- Citation
- 0814920
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.
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The Board granted initial 10 percent disability ratings for right and left knee degenerative joint disease with limitation of extension, but denied a higher rating for the Veteran's degenerative disc disease L5-S1.
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- Remanded (sent back)
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