The issues of entitlement to a disability evaluation in excess of 40 percent for low back syndrome, DDD and herniated nucleus pulposus at L4-5, TDIU, an earlier effective date for the grant of a 20 percent rating, and an earlier effective date for the grant of a 40 percent rating are being remanded.
The deciding factor: The issues must be remanded to provide the Veteran with proper VCAA notice, obtain additional evidence from SSA, and schedule him for a new VA examination due to his reported worsening condition.
- Claimed conditions
- Low back syndrome, degenerative disc disease (DDD) and herniated nucleus pulposus at L4-5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2009
- Citation
- 0904969
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 appeal for an increased evaluation for low back syndrome was denied as the evidence did not support a rating in excess of 20 percent.
- Partly granted
The veteran's claims for service connection for residuals of fractured tibia and fibula, and low back syndrome were reopened and granted. The claim for a right leg condition was remanded.
- 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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