The Board has remanded the case due to inadequate development of records and the need for proper notice regarding disability ratings and effective dates.
The deciding factor: VA failed to obtain service treatment records dated from October 11, 2000 onward from Martin Army Community Hospital as requested by the Veteran.
- Claimed conditions
- compression fracture of T9-T10
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2009
- Citation
- 0914537
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 0914537.
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 claim for service connection for a compression fracture of T9-T10, finding that there was clear and unmistakable evidence that the Veteran entered active duty with a preexisting back disorder and that active duty did not aggravate or cause an increase in severity of his preexisting condition.
- Denied
The Board has determined that the Veteran's compression fracture of T9-T10 was not incurred or aggravated by service, as there is clear and unmistakable evidence that it preexisted service and did not worsen during service.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining service treatment records and conducting a VA examination to determine if the veteran's current back disorder is related to his military service or post-service accidents.
- Denied
The Board has determined that the appellant's pre-existing back condition did not undergo aggravation or increase in disability during service and is not related to active duty. Therefore, service connection for a compression fracture of T9-T10 (claimed as back, neck, and left hip pain) is denied.
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