The appeal is remanded for further development, including obtaining an addendum to the May 2007 examination and ensuring that the Veteran has been provided notice consistent with the requirements of 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b).
The deciding factor: The current evidence is insufficient to determine whether the claimed conditions are secondary to the service-connected disabilities, as the May 2007 examination did not address aggravation or causation by the paracervical muscle spasm with limitation of motion of the cervical spine and there was no opinion regarding the Veteran's lumbar spine condition.
- Claimed conditions
- lumbar spine disability, including spondylosis with radiculopathy, spondylosis and degenerative disc disease of the cervical spine with radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2009
- Citation
- 0907849
Veterans Law Judge
Decisions by this judge: 1,419 · Granted: 21% (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 0907849.
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 determined that the Veteran's current cervical spine and lumbar spine disabilities are not service-connected, as there is no credible evidence linking these conditions to his active military service or any service-connected disability.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Granted
The Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
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