The Board remanded the case for an addendum opinion to clarify whether any neurological manifestations in either lower extremity, including radiculopathy and a right foot drop, are due to service-connected degenerative disc disease.
The deciding factor: The current medical evidence is conflicting and does not adequately distinguish between symptoms caused by the service-connected condition and those caused by other factors.
- Claimed conditions
- Low back strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 9, 2009
- Citation
- 0904647
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 found that the criteria for a rating in excess of 10 percent have not been met prior to June 7, 2006, and that a disability rating in excess of 40 percent from June 7, 2006, is also not warranted.
- Denied
The VA has denied the veteran's claim for an increased rating for his low back disability, currently rated at 40 percent. The evidence does not support a higher evaluation.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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