The Board remanded the claims for further development and readjudication.
The deciding factor: The evidence was not sufficient to establish service connection, but new and material evidence has been received to reopen the claim for a lumbar spine disorder. The other claims were denied as there was no evidence of an in-service injury or disease related to the claimed conditions.
- Claimed conditions
- Residuals of a compression fracture of the lumbar spine with degenerative changes, Knee pain, Eye disorder (claimed as eye deterioration), Ear disorder (claimed as ear deterioration, including hearing loss and tinnitus), Prostate disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2009
- Citation
- 0900442
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 remands the claims for service connection for an acquired psychiatric disorder, a prostate disorder, and radiculopathy of both lower extremities due to pre-decisional errors in violation of the duty to assist.
- Remanded (sent back)
The Board remands the claims for service connection for ischemic heart disease, cardiomyopathy, a prostate disorder, diabetes mellitus, and hypertension to obtain additional evidence regarding toxic exposure risk activities during the Veteran's service.
- Partly granted
The Veteran was granted a 70 percent rating for PTSD from June 22, 2018, and the claims for increased ratings for right ankle and left wrist disabilities were denied. The claims for service connection for an eye disorder, prostate disorder, and heart murmur with mild aortic stenosis were also denied.
- Denied
The Board denied service connection for degenerative joint disease (DJD)/osteoarthritis of the knees, shoulders, back, and hands, colon cancer, and a prostate disorder. The claims were not reopened as new and material evidence was not submitted.
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