The case was remanded to obtain additional evidence and ensure compliance with the Board's previous remand instructions.
The deciding factor: The VA examinations did not substantially comply with the Board's November 2001 remand order, as they did not provide the requested opinion on functional impairment due to repeated use or during flare-ups and did not address the effect of the Veteran's disability on his ability to work.
- Claimed conditions
- Residuals of lumbosacral nerve root injury with radiculopathy and history of reflex sympathetic dystrophy, Pelvis fracture and separation of the symphysis pubis with low back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2009
- Citation
- 0911093
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.
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- Granted
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