The appeal is being remanded to the RO for scheduling a hearing and addressing an unprocessed notice of disagreement regarding a higher rating for radiculopathy of the left lower extremity.
The deciding factor: Further development is necessary before a decision can be made on these issues, including a hearing and issuance of a statement of the case.
- Claimed conditions
- vertigo, Eustachian tube dysfunction with hearing loss, radiculopathy of the left lower extremity, residuals of a fracture of the right transverse process with degenerative disc disease, bilateral hip pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2009
- Citation
- 0905518
Veterans Law Judge
Decisions by this judge: 1,599 · Granted: 37% (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 0905518.
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 has denied the Veteran's claims of service connection for hypertension, fibromyalgia, and vertigo. The decision found that there was no evidence linking these conditions to his military service or a service-connected disability.
- Remanded (sent back)
The Veteran's bilateral hearing loss and tinnitus are found to be related to military noise exposure during service.,The Veteran's obstructive sleep apnea, gastrointestinal (GI) disability, and vertigo are remanded for further examination and opinion.
- Granted
The Board has granted the Veteran's claim for service connection for vertigo, finding that it is related to a head injury sustained during active duty. The decision resolves all reasonable doubt in favor of the Veteran.
- Partly granted
The claims for service connection for hypertension, back pain, right hip pain, left hip pain, right knee pain, and left knee pain have been readjudicated. The claim for sleep apnea has also been readjudicated.,Service connection has been granted for a neck condition, back pain, right hip pain, left hip pain, right knee pain, left knee pain, an acquired psychiatric disorder, bruxism, and vertigo.
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