The appeal is remanded to the RO for additional development, including scheduling of VA examinations.
The deciding factor: Examinations were not conducted due to the Veteran's inability to attend scheduled appointments. The Board finds that the RO should potentially schedule the Veteran for VA examinations at the Lynchburg VA outpatient clinic or on a fee basis in his local area consistent with the Veteran's request.
- Claimed conditions
- hemorrhoids, left lower extremity radiculopathy associated with lumbar spine DDD, lumbar spine degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 11, 2009
- Citation
- 0909079
Veterans Law Judge
Decisions by this judge: 2,642 · Granted: 19% (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 0909079.
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 has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
- Granted
The Veteran's claim for service connection for tension headaches was granted with an effective date of August 28, 2014.,Service connection for eczema was granted with an effective date of August 10, 2022. The Veteran requested an earlier effective date but the request was denied.
- Dismissed
The Board dismissed the Veteran's appeal for service connection of a right ankle disorder.,The Board denied the Veteran's request for an earlier effective date for his service connection for gastroenteritis, lumbosacral strain, left lower extremity radiculopathy, right lower extremity radiculopathy, left ankle lateral collateral ligament strain, right knee strain and hemorrhoids. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a lumbosacral strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of left lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a left ankle lateral collateral ligament strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right knee strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of hemorrhoids. The earliest effective date is December 5, 2018.
- Granted
The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, as evidenced by his inability to dress or undress himself, keep himself clean and presentable, and manage his daily medications. The Board has granted entitlement to SMC(l).
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