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
Veterans Law Judge
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 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.
- Remanded (sent back)
The Board has reopened the claim for service connection for cause of death due to new and material evidence. However, the case is remanded as there are insufficient medical opinions regarding the Veteran's cause of death.
- Denied
The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of one or both hands or feet, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of one or both knees or hips. Therefore, he does not qualify for financial assistance in purchasing a vehicle and adaptive equipment.
- Granted
The Board has granted service connection for the Veteran's lower back disorder, finding that it is due to in-service injuries and continues today.
- Remanded (sent back)
The Board has remanded the case due to a need for a new VA examination to evaluate the current severity of the Veteran's lumbar spine condition.
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