The Board remands the claims for service connection for multiple level disc herniation and arthritic changes to the spine, and degenerative joint disease of the knees, as an opinion is needed regarding the cause or aggravation of these conditions during National Guard training.
The deciding factor: An orthopedic physician's opinion is required to determine if the veteran's current lumbosacral disability and bilateral knee disabilities were incurred in-service or permanently increased in severity by exercise associated with National Guard training, including sit-ups and/or running.
- Claimed conditions
- Degenerative joint disease of the knees, Multiple level disc herniation and arthritic changes to the spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2009
- Citation
- 0901421
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0901421.
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 the Veteran's request for an earlier effective date for SMC based on aid and attendance, finding that prior to November 5, 2018, he did not require regular aid and attendance due to his service-connected disabilities.
- Remanded (sent back)
The Board has dismissed the appeals for lumbar strain, TBI, anxiety disorder, degenerative joint disease of the knees, diabetes mellitus, hypertension, and mood disorder. The PTSD appeal is remanded due to lack of verification of a reported in-service stressor involving rape.
- Granted
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and depression, has been reopened due to the submission of new evidence.,The claims for service connection for a left knee condition, right knee condition, hearing loss, hypertension, hypertensive cardiovascular heart disease, and gastritis have also been reopened.
- Denied
The Board has determined that the Veteran's claimed conditions are not service-connected due to lack of evidence showing a nexus between his current disabilities and military service.
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