The appeal is remanded for additional development, including a new examination to evaluate the veteran's cervical spine and low back disorders.
The deciding factor: Additional medical evidence is needed to determine if the veteran's current low back disorder is related to service or secondary to his service-connected cervical spine disorder. The cervical spine disorder may also have worsened since the last examination, necessitating a new evaluation.
- Claimed conditions
- Degenerative joint disease of the lumbar spine, Cervical spine fracture residuals, C1 and C2
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2009
- Citation
- 0900329
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 service connection for degenerative joint disease of the lumbar spine, right and left lower extremity neurological disorders, and right and left hip disabilities as they were not shown to be caused or aggravated by the Veteran's service or a service-connected disability.
- Partly granted
The Board granted an initial evaluation of 20 percent for degenerative joint disease of the lumbar spine prior to December 28, 2010, and denied a rating in excess of 40 percent as of that date.
- Partly granted
The Board granted an earlier effective date of September 14, 2018, for the award of a 40 percent disability rating for service-connected degenerative joint disease of the lumbar spine but denied entitlement to TDIU.
- Denied
The Board denied the veteran's claims for an increased rating and service connection, finding that the evidence did not support a higher disability rating or establish service connection for any of the claimed conditions.
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