The appeal is remanded to the RO for additional development of the record and to ensure due process.
The deciding factor: Further examination by a specialist in orthopedics is necessary to address the claim for service connection for shin splints. Additionally, an examination on the low back disability issue is also required as well as obtaining ongoing medical records.
- Claimed conditions
- low back disability, to include on a secondary basis, shin splints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2009
- Citation
- 0902488
Veterans Law Judge
Decisions by this judge: 1,738 · Granted: 17% (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 0902488.
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 has remanded the Veteran's claim for service connection for left knee degenerative arthritis and shin splints due to insufficient rationale in the previous VA examination. The case is now pending with a request for a new opinion.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to missing records and a pre-decisional duty to assist error. The claims will be readjudicated after obtaining any necessary records.
- Dismissed
The Veteran's appeals for service connection for shin splints and a right knee disability have been dismissed as the Veteran requested withdrawal of these claims.
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