The Board has ordered the VA to obtain treatment records from Dr. Patel and Tri-State Clinic in Grundy, Virginia, and request that someone from that office identify what disabilities correspond to diagnostic codes 724.5 and E819 listed on those sheets. The case will then be readjudicated.
The deciding factor: The VA failed to obtain the requested treatment records and did not provide an explanation for the missing records or the corresponding diagnostic codes.
- Claimed conditions
- degenerative disc disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2008
- Citation
- 0839834
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 0839834.
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.
- Dismissed
The Veteran's appeals for service connection on multiple conditions have been dismissed due to their death.
- Granted
The Veteran's acquired psychiatric disability, including major depressive disorder, is granted as service connected. The lumbar spine disability is remanded for further examination and opinion.
- Dismissed
The Veteran's appeal for service connection on multiple conditions has been dismissed due to the death of the Veteran.
- Partly granted
The Board granted an earlier effective date for tinnitus to September 23, 2020 and denied service connection for bilateral hearing loss, GERD, hypothyroidism, neck disability, PTSD, acquired psychiatric disorder, degenerative disc disease of the lumbosacral spine, and osteoarthritis.
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