The appeal is remanded for additional development, including a medical opinion to determine if the veteran's low back disorder is related to service and an SOC on the issue of whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for a skin disorder.
The deciding factor: Insufficient competent medical evidence exists to make a decision on the low back disorder claim, necessitating a medical opinion. Additionally, no statement of the case has been issued regarding the reopened skin disorder claim, requiring issuance of an SOC.
- Claimed conditions
- Degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2008
- Citation
- 0816388
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.
- Denied
The appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
- Remanded (sent back)
The Board remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Partly granted
The Board granted a higher initial rating of 40 percent for degenerative arthritis, degenerative disc disease, lumbosacral strain, and scoliosis, but remanded the other issues.
- Granted
The Board granted service connection for degenerative disc disease, effective November 21, 2022.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.