The appeal for increased ratings remains before the Board due to a remand for additional development.
The deciding factor: The case was remanded to ensure that the Veteran's representative had an opportunity to review new evidence and provide argument in response to the continued denials of increased evaluations.
- Claimed conditions
- lumbar disc herniation, right leg radiculopathy, left leg radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2009
- Citation
- 0908241
Veterans Law Judge
Decisions by this judge: 1,582 · Granted: 32% (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 0908241.
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 has remanded the Veteran's claims due to a lack of adequate medical examination and treatment records, particularly regarding nerve conditions. The Veteran is seeking service connection for left arm, upper back, and right leg nerve damage and pain, as well as an increased evaluation for major depressive disorder.
- Granted
The Board has granted the restoration of entitlement to total disability rating based on individual unemployability (TDIU) and basic eligibility for Dependents' Educational Assistance (DEA), effective May 1, 2020. The decision was made due to procedural errors in the previous termination decisions.
- Denied
The Board has denied the Veteran's claims for service connection for lower back condition, left leg radiculopathy, and right leg radiculopathy as secondary to a lower back condition. The evidence did not support a finding that these conditions were incurred in or caused by military service.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation (SMC) based on the need for regular aid and attendance or at the housebound rate due to his inability to dress, undress himself, keep himself clean and presentable, require frequent adjustment of prosthetic appliances, feed himself, attend to the wants of nature, or have an incapacity requiring assistance from others.
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