The Board has remanded the case for further development, including obtaining medical records and conducting a VA examination to assess the veteran's lumbar spine and thoracic spine disabilities. The appeal involves evaluating whether there are flare-ups, chronic pain, and functional loss in these disabilities.
The deciding factor: The examiner must provide findings regarding range of motion, incoordination, and pain during flare-ups for both the thoracolumbar spine, lumbar spine, and thoracic spine to properly evaluate the veteran's service-connected disabilities.
- Claimed conditions
- chronic strain, lumbosacral spine, chronic strain, thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2008
- Citation
- 0830885
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 0830885.
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 Board denied an increased rating for the Veteran's service-connected back condition, bilateral hallux valgus, and PTSD. The RO continued the initial ratings of 20 percent for chronic strain, lumbosacral spine; zero percent for bilateral hallux valgus; and 50 percent for PTSD.
- Remanded (sent back)
The Board has decided to remand two issues: entitlement to a total disability rating due to individual unemployability and entitlement to an extraschedular rating for the Veteran's service-connected back disability. The decision is based on incomplete records, specifically missing Social Security Administration disability benefits records.
- Denied
The Veteran's claims for higher initial disability ratings for his lumbar and thoracic spine disabilities have been denied. The VA has considered all relevant evidence, including the results of VA compensation examinations.
- Remanded (sent back)
The veteran's claims for an increased rating and earlier effective date for his service-connected lumbosacral spine disability are being remanded to allow for additional development of the medical records.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.