The veteran's appeal is remanded due to insufficient examination report for rating purposes. The case will be returned for clarification and further development.
The deciding factor: The VA examination report lacks sufficient detail, particularly regarding the range of motion for bilateral lateral rotation.
- Claimed conditions
- disc herniation, L5-S1, chronic low back syndrome, sprain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2008
- Citation
- 0843791
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 0843791.
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 Veteran's claim for a rating in excess of 20 percent for his lumbar spine condition is denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable rating criteria. Additionally, the Veteran was granted TDIU based on his service-connected disabilities.
- Granted
The Board has granted service connection for the Veteran's lumbar spine degeneration, sprain, and pain with right and left lower extremity radiculopathy as these conditions began during active duty training (ACDUTRA) and have continued since then.
- Remanded (sent back)
The Veteran's right ankle disability is currently rated as 10 percent disabling. The Board has granted a higher rating of 20 percent for his service-connected right ankle degenerative joint disease, sprain, and weakness.
- Remanded (sent back)
The Board has ordered a new VA examination for the Veteran's right ankle degenerative joint disease, sprain, and weakness due to incomplete range of motion testing in previous examinations. The claim is being remanded for further development.
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