The appeal is remanded for further development to ensure the Veteran's due process rights are met, including an adequate VA examination and review of recent medical records.
The deciding factor: The Court found that the August 2004 VA compensation and pension examination was inadequate and instructed the Board to provide the Veteran with a new examination or inform him why none would be provided. The Board also needs to make a finding on the Veteran's credibility based on his combat service in Vietnam.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine, Degenerative Disc Disease (DDD) of the lumbar spine, Pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2009
- Citation
- 0909705
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 the veteran's claims for a higher rating for degenerative disc disease of the lumbar spine and an earlier effective date for total disability based on individual unemployability.
- Denied
The Board denied an effective date prior to January 10, 2024, for the grant of service connection for degenerative disc disease of the lumbar spine.
- Denied
The Board denied the Veteran's request for an earlier effective date than August 31, 2016, for service connection for degenerative arthritis of the spine and intervertebral disc syndrome with spondylolisthesis and pes planus because that was the date VA received his intent to file a claim following a previous final denial.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent for right third toe disability and entitlement to TDIU due to outstanding evidence and further development.
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