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
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (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 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.
- Granted
The Veteran's back brace, used to treat his service-connected lumbar spine disability, tended to wear out or tear his clothing. The Board granted an annual clothing allowance for the 2018 calendar year based on this condition.
- Granted
The Veteran's service-connected disabilities, including lumbar intervertebral disc syndrome and left lower extremity radiculopathy, result in a loss of use of both lower extremities. The Board finds that the statutory and regulatory criteria for specially adapted housing are met, thus granting the benefit.
- 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.
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