The appeal is remanded for new VA examinations to reassess the severity of the veteran's service-connected conditions.
The deciding factor: The current evidence is outdated, and there may have been a significant change in the veteran's condition since the last examination.
- Claimed conditions
- Residuals of a right thigh contusion, Traumatic arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2009
- Citation
- 0902359
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 claim for an increased rating for traumatic arthritis of the lumbar spine, right and left lower extremity radiculopathy affecting the sciatic nerve, was granted with a 40 percent disability rating effective February 1, 2007. The appeal for earlier effective dates is denied.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- 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.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.