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
- spondylosis and degenerative disc disease of the cervical spine with radiculopathy, lumbar spine disability, including spondylosis 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
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 denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
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