The veteran's claim for an increased rating for degenerative arthritis of the lumbosacral spine is being remanded to schedule a new VA examination.
The deciding factor: The Board believes that under the facts and circumstances of this case, the veteran should be afforded a new VA examination due to progression in his disability.
- Claimed conditions
- Degenerative arthritis of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2009
- Citation
- 0904058
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.
- Partly granted
The Board granted an initial rating of 40 percent for degenerative arthritis of the lumbosacral spine, but denied higher ratings for left and right lower extremity radiculopathy.
- Dismissed
The veteran withdrew his appeal for service connection for degenerative disc disease and degenerative arthritis of the lumbosacral spine as secondary to achilles tendinopathy of the left foot.
- Dismissed
The appeal for service connection for degenerative arthritis of the lumbosacral spine was dismissed due to an untimely Notice of Disagreement.
- Partly granted
The Board granted an effective date of June 1, 2008, for the award of service connection for recurrent subluxation of the right knee and January 11, 2021, for a 20 percent rating for degenerative arthritis of the lumbosacral spine, while denying an initial compensable rating for right knee surgical scars.
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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.