The veteran's claim for a disability rating in excess of 40 percent for degenerative disc disease with lumbosacral strain is being remanded to obtain additional evidence.
The deciding factor: Further development is needed to properly adjudicate the veteran's claim, including obtaining SSA records.
- Claimed conditions
- degenerative disc disease with lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2009
- Citation
- 0904985
Veterans Law Judge
Decisions by this judge: 2,036 · Granted: 27% (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 0904985.
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 a 40 percent evaluation for sciatic nerve radiculopathy of the right and left lower extremities, a 30 percent evaluation for femoral nerve radiculopathy of the right and left lower extremities, and a total disability rating based on individual unemployability (TDIU), but denied an increased evaluation in excess of 40 percent for spinal stenosis and lumbar intervertebral disc syndrome.
- Partly granted
The Board granted initial ratings of 40 percent for degenerative disc disease and 20 percent for right and left lower extremity radiculopathies, but denied higher ratings. Other claims were either granted with non-compensable ratings or denied.
- Granted
The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected back disability, finding that the muscle relaxants used for his back condition aggravate his OSA.
- Dismissed
The Board dismissed the appeal due to the appellant's withdrawal of the appeal.
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