The appeal is remanded to the RO for further development and a determination on whether a timely substantive appeal has been filed.
The deciding factor: The Board must determine if a timely Substantive Appeal was filed before proceeding with the merits of the claims.
- Claimed conditions
- Degenerative changes of the cervical spine, Degenerative changes of the lumbar spine, Mitral valve prolapse
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2009
- Citation
- 0903084
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.
- Denied
The Board denied service connection for a cervical spine disability as there was no evidence of an in-service injury or disease related to active duty, ADT, or IDT.
- Partly granted
The Board granted service connection for radiculopathy of the right lower extremity as secondary to the Veteran's service-connected degenerative changes of the lumbar spine and increased the disability rating for the lumbar spine to 20 percent effective August 18, 2023.
- Denied
The Board denied the veteran's claims for service connection for degenerative changes of the cervical spine and migraines (claimed as headaches) as secondary to a degenerative change in the cervical spine.
- Remanded (sent back)
The Board remands the claim for a back disability to verify the Veteran's period(s) of active duty for training (ACDUTRA), inactive duty for training (IDT), and/or active duty for special work (ADSW) from September 2013 to August 2021, and to obtain a VA examination.
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