The appeal is remanded for further development and a VA examination to reconcile conflicting medical opinions regarding the etiology of the veteran's current low back disability and any relationship between that disability and his service-connected condition.
The deciding factor: The Board determined that additional evidence was necessary to properly evaluate the claims, including an opinion from a board of VA physicians addressing the etiology of the veteran's current low back disability and its relationship to his service-connected condition.
- Claimed conditions
- blood clots of the legs and lungs, low back strain with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2009
- Citation
- 0905421
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.
- Remanded (sent back)
The Board remands the claims for increased ratings of migraines, low back strain with degenerative joint disease, and left lower extremity sciatic nerve radiculopathy to correct a pre-decisional duty to assist error.
- Partly granted
The veteran's claims for higher disability ratings were denied, but the claim for special monthly compensation based on the need for aid and attendance was granted. The claim for an earlier effective date for TDIU was also denied.
- Remanded (sent back)
The Board remands the claims for further development, including new VA examinations to address the Correia and Sharp standards.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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