The appeal is remanded for a VA examination to be conducted by a physician or a physician's assistant, and readjudication of the claim.
The deciding factor: The February 2006 VA examination was not in compliance with medical practice requirements due to it being conducted by a physician's assistant without the report being signed by a supervising licensed physician.
- Claimed conditions
- degenerative joint disease of the lumbosacral spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2009
- Citation
- 0900097
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.
- Granted
The Board granted a 40 percent disability rating for the Veteran's low back disorder, effective March 31, 2019.
- Granted
The Board has determined that the Veteran's current back disability is related to service, and thus granted his claim for service connection.
- Dismissed
The Board dismissed all claims for increased ratings as the Veteran withdrew his appeals prior to a decision being made.
- Partly granted
The Board granted reopening of a previously denied headaches claim based on new and material evidence, but denied service connection for headaches, neck condition, and diabetes mellitus due to lack of evidence establishing nexus to military service. The Board remanded claims for lumbosacral spine disability rating, sleep apnea, depression/anxiety, and TDIU for further examination and development.
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