The Board remands the case for additional development to comply with the instructions of a joint motion from the Court.
The deciding factor: The record is incomplete and requires further development to ensure all relevant evidence has been considered.
- Claimed conditions
- depression and/or anxiety, hypertension, claimed as due to radiation exposure, low back disorder, claimed as ankylosing spondylitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 9, 2009
- Citation
- 0904605
Veterans Law Judge
Decisions by this judge: 1,515 · Granted: 20% (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 0904605.
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 service-connected disabilities, including cervicogenic headaches, depression and/or anxiety, cervical spine disability, cervical radiculopathy of the right upper extremity, and sixth thoracic vertebrae associated with status post cervical fusion, likely preclude him from securing or following a substantially gainful occupation. The Board has granted entitlement to TDIU.
- Denied
The Veteran's claim for a rating in excess of 30 percent for cervical spine disability and his TDIU claim have been denied. The Board found that the evidence did not support a higher rating due to functional loss, and the Veteran was deemed capable of securing and following substantially gainful employment.
- Denied
The Board denied service connection for nasopharyngeal cancer, coronary artery disease, attention deficit hyperactivity disorder, and depression/anxiety as they were not shown to be related to the veteran's period of active military service or exposure to Agent Orange.
- Denied
The Board denied service connection for skin disorder, paranoid schizophrenia, and depression/anxiety disorders due to lack of legal merit as personality disorders are not considered disabilities for VA compensation purposes.
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