The case is remanded to the RO for referral of the veteran's claim to the Under Secretary for Benefits or the Director of Compensation and Pension Service for consideration of an extra-schedular evaluation.
The deciding factor: Noncompliance with the Board's previous remand instructions requires a new remand for proper development and readjudication.
- Claimed conditions
- chronic lumbosacral strain with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2008
- Citation
- 0816331
Veterans Law Judge
Decisions by this judge: 396 · Granted: 19% (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 0816331.
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 Veteran's appeal is being remanded for additional development, including new examinations and consideration of the TDIU claim.
- Denied
The Board found that the Veteran's schizophrenia did not manifest during service or within one year of separation, and thus denied his claim for service connection.
- Denied
The VA determined that the Veteran's current lumbar spine disability, including arthritis and degenerative disc disease, was not incurred in or aggravated by service. The Board found no evidence of a chronic disability within one year after separation from service, and there is no credible evidence of continuity of symptomatology since service.
- Remanded (sent back)
The Board has ordered a remand due to the need for another VA examination, as the previous one is deemed inadequate.
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