The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and consideration of his service-connected disabilities.
The deciding factor: Additional evidence is required to determine the current severity of the Veteran's lumbar spine disability, bilateral hearing loss, and right ankle injury.
- Claimed conditions
- fracture, left ankle, with traumatic arthritis, status post fusion, herniated nucleus pulposus, lumbar spine, postoperative right ankle injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 4, 2009
- Citation
- 0916457
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 0916457.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims due to inadequate examination reports and unresolved issues related to his service-connected back disability, left orbital fracture, left knee tendonitis, and cholecystectomy.
- Granted
For the period from January 2, 2014 to August 24, 2020, the Veteran was granted TDIU due to his service-connected disabilities. Beginning August 25, 2020, the Veteran's TDIU is no longer applicable as he has a 100% disability rating for persistent depressive disorder and receives SMC under 38 U.S.C. § 1114(s).
- Denied
The Veteran's initial claim for service connection was granted in November 2011, with a 10% rating effective July 25, 2007. The RO increased the ratings to 20% effective October 23, 2013.,For the period prior to September 19, 2013, the Veteran's back condition was not more than 10%, and for the period between September 19, 2013 and March 20, 2018, it was not more than 20%. Since July 1, 2018, a 40% rating has been granted.
- Partly granted
The Veteran's cervical disc disease was granted service connection as secondary to his service-connected herniated nucleus pulposus, lumbar spine. However, the increased rating claim for the lumbar spine condition remains denied.
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