The veteran's claim for an increased evaluation for his low back disability is being remanded due to the need for additional medical records and a new VA examination.
The deciding factor: The case was remanded because of the lack of recent treatment records and the need for a new VA examination to assess the current level of severity of the veteran's low back disability.
- Claimed conditions
- low back degenerative disc disease, low back degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 28, 2008
- Citation
- 0829361
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 0829361.
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 service connection for low back degenerative disc disease and remanded the claims for a right knee disability, migraine headaches, neck disability, left shoulder disability, and right shoulder disability.
- Remanded (sent back)
The Board has remanded the claims of service connection for low back degenerative disc disease, dry eyes as secondary to right eye pterygium, preglaucoma as secondary to right eye pterygium, and a compensable rating for right eye pterygium due to duty-to-assist errors in obtaining adequate opinions regarding the relationship between the Veteran's conditions and service.
- Granted
The Veteran's service-connected low back degenerative joint disease, bilateral lower extremity radiculopathy, and posttraumatic stress disorder prevented him from securing or following substantially gainful employment from July 19, 2004 to October 10, 2004. The Board granted a TDIU on an extraschedular basis for this period.
- Dismissed
The Veteran withdrew his appeal for all issues related to the initial ratings and service connection claims. The Board dismissed the appeal due to the Veteran's withdrawal.
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