The veteran's appeal is being remanded for further development, including additional VA examinations and consideration of the claims in light of newly obtained evidence.
The deciding factor: Further examination is needed to assess current severity levels of the veteran's service-connected lumbar spine and left knee disabilities, as well as any impact on employment and daily life due to worsening conditions.
- Claimed conditions
- degenerative disc disease, lumbar spine, recurrent subluxation of the left knee, residuals of operation, left knee with degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2008
- Citation
- 0843865
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 0843865.
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.
- Remanded (sent back)
The Board has decided that the Veteran does not have a current disability of hearing loss and denied service connection for bilateral hearing loss. The Board also found insufficient evidence to establish service connection for degenerative disc disease of the lumbar spine, thus remanding the case.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his combined schedular ratings did not meet the threshold requirement for consideration of TDIU. The case was remanded multiple times and ultimately denied again.
- Remanded (sent back)
The Board remands the Veteran's claim for a higher rating for his lumbar spine disability to obtain additional medical evidence regarding the severity of his condition without the ameliorative effects of medication.
- Partly granted
The Board granted an effective date of March 23, 2011, for the grant of a separate 10 percent rating for left knee meniscal tear with degenerative arthritis, limitation of flexion and from March 23, 2011, for a 10 percent rating for right knee joint osteoarthritis, instability or subluxation. The Board denied ratings in excess of 10 percent for the left and right knees and cervical spine, and granted service connection for obstructive sleep apnea.
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