The veteran's claim for an evaluation in excess of 60 percent for lumbar intervertebral disc syndrome was remanded to the RO/AMC for a new VA examination.
The deciding factor: Further development is necessary as the veteran reports worsening of his condition since previous examinations, and a contemporaneous VA examination is required to assess the current nature, extent and severity of his back disability.
- Claimed conditions
- lumbar intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2009
- Citation
- 0901643
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 claim for an initial disability rating higher than 40 percent for lumbar intervertebral disc syndrome, degenerative arthritis, degenerative disc disease, spondylosis with moderate-severe foraminal spinal stenosis and scoliosis to obtain a retrospective medical opinion addressing the severity of the Veteran's lumbar spine disability from August 24, 2012, to June 24, 2020.
- Granted
The Board granted a temporary total disability rating (TTDR) for convalescence following the Veteran's March 2022 back surgeries through September 30, 2022.
- Granted
The Veteran is granted special monthly compensation (SMC) at the intermediate rate between 38 U.S.C. § 1114 subsections (l) and (m) due to service-connected disabilities that exceed the requirements for SMC based on regular aid and attendance.
- Denied
The Veteran's service-connected disabilities prior to September 11, 2013 did not meet the schedular criteria for a total disability rating based on individual unemployability. The earlier effective date claim for basic eligibility for dependents' educational assistance benefits was denied as the Veteran did not meet the minimum threshold requirement of having a permanent, total service-connected disability prior to September 11, 2013.
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