The Board remands the issue of an increased rating for retained foreign body, right paralumbar muscle at L3 level, with degenerative disc disease to the RO via the Appeals Management Center (AMC) in Washington, DC, for further development and consideration.
The deciding factor: Further medical evidence is needed to accurately assess the current severity of the veteran's low back disability, as the most recent examination was conducted over three years ago and new private medical records indicate a worsening condition.
- Claimed conditions
- retained foreign body, right paralumbar muscle at L3 level, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2009
- Citation
- 0901032
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 lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 20 percent for thoracolumbar spine degenerative arthritis and degenerative disc disease, entitlement to TDIU, and special monthly compensation due to the need for additional development.
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