The appeal is being remanded for additional development, including a new VA examination and the acquisition of relevant medical records.
The deciding factor: The Board failed to provide adequate reasons or bases for the denial of a disability rating in excess of 40 percent for degenerative joint disease of the lumbar spine and sacroiliac joints as required by the Court's memorandum decision.
- Claimed conditions
- Degenerative joint disease and degenerative disc disease of the lumbar spine and sacroiliac joint
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2009
- Citation
- 0901560
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.
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- Remanded (sent back)
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- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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