The Board has remanded the case for further development due to missing records from SSA and OPM.
The deciding factor: Further development is required as requested by the Court, including obtaining records from SSA and OPM related to the Veteran's disability benefits application.
- Claimed conditions
- lumbar spine degenerative disc disease with disc herniation
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2009
- Citation
- 0912570
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 0912570.
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 Veteran's claims for increased ratings were denied. The lumbar spine disability was found to be manifested by pain and functional loss, but not ankylosis or incapacitating episodes lasting at least 6 weeks. For the left great toe and hallux valgus deformity of the first metatarsophalangeal joint, the disability was productive of mild to moderate symptoms prior to February 22, 2008 and severe symptoms from November 11, 2011 onwards. The second toe with metatarsalgia was found to be productive of mild to moderate symptoms since September 18, 2007.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
- Granted
The Veteran's claim for service connection of a left leg disability is reopened, and the appeal is granted.
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