The appeal is remanded for a hearing before a Veterans Law Judge at the RO.
The deciding factor: The appellant requested a personal hearing, and such hearings must be scheduled in accordance with applicable regulations.
- Claimed conditions
- chronic lumbar strain with degenerative disc disease, L5-S1, status post spinal fusion, L4-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2009
- Citation
- 0908198
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.
- Granted
The Board granted an initial 40 percent rating for chronic lumbar strain with degenerative disc disease throughout the period on appeal.
- Remanded (sent back)
The veteran's claim for a rating in excess of 20 percent for his chronic lumbar strain with degenerative disc disease was remanded for another VA examination to evaluate the nature and severity of the disability.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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