The appeal is remanded to the RO for a contemporaneous and thorough VA examination due to the lack of recent medical evidence and the need to reassess the severity of the Veteran's lumbar spine disability.
The deciding factor: The current severity of the Veteran's service-connected lumbar spine condition cannot be accurately determined without a new examination, as the last one was conducted under limited circumstances due to an unrelated injury.
- Claimed conditions
- residuals of herniated nucleus pulposus, status post lumbar laminectomy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2009
- Citation
- 0908348
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.