The veteran's service-connected disabilities, including chronic lumbosacral strain and residuals of a left meniscectomy, preclude him from engaging in substantially gainful employment.
The deciding factor: The veteran's low back disability has prevented him from working due to pain and physical restrictions, and he lacks the education or training for any other type of work.
- Claimed conditions
- chronic lumbosacral strain, residuals of a left meniscectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 6, 2009
- Citation
- 0904412
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.
- Dismissed
The appeal for a disability rating in excess of 20 percent for chronic lumbosacral strain and service connection for right leg condition was dismissed due to an impermissible concurrent election of review options.
- Remanded (sent back)
The Board remands the claims for a higher rating for chronic lumbosacral strain and service connection for cervical, left ankle, right ankle, right shoulder, and left shoulder conditions to ensure compliance with due process.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 10 percent prior to May 24, 2022 and in excess of 20 percent from May 24, 2022, for residuals of left meniscectomy due to the need for an addendum opinion regarding the severity of the Veteran's left knee disability absent the ameliorative effects of medication.
- Partly granted
The Board granted service connection for chronic lumbosacral strain and denied service connection for left knee, right knee, left shoulder, right shoulder, and right ear hearing loss conditions.
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