The appeal is remanded for additional VA examinations to assess the impact of the veteran's service-connected spinal and left knee disabilities on his ability to obtain and maintain gainful employment.
The deciding factor: The Board determined that a new examination was necessary to accurately determine the impact of only the veteran's spinal and left knee disabilities on his employability, as the previous examiner also considered nonservice-connected heart disease.
- Claimed conditions
- Lumbar spine disability, Left knee disability, Rib disability, Thoracic spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2009
- Citation
- 0903071
Veterans Law Judge
Decisions by this judge: 1,467 · Granted: 18% (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 0903071.
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 TDIU claim for bilateral knee disabilities and his right and left knee scars have been granted. He is now rated at a combined 60% disability rating from June 1, 2018 based on bilateral factors for his bilateral knee disabilities.
- Granted
The Veteran's entitlement to higher level of SMC at the intermediate rate is granted, effective from January 8, 2021. He was previously in need of aid and attendance due to his left knee disability since February 1, 2017, and now has additional disabilities rated at 50 percent or more.
- Denied
The Veteran's claims for service connection for headaches and lumbar spine disability, as well as left and right lower extremity radiculopathy, were denied. The effective dates for these conditions are also denied.
- Denied
The Veteran's claim for service connection for gastroesophageal reflux disease (GERD) was denied because the disability is not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a lumbar spine disability was denied because the disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a traumatic brain injury (TBI) was denied because there is no evidence of loss of consciousness or memory impairment following the motor vehicle accident during service, and post-service VA treatment records do not show a diagnosis of TBI.
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