The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his low back disability and determine if there are any incapacitating episodes due to intervertebral disc syndrome.
The deciding factor: The Court found that the Board had failed to provide adequate reasons or bases for its finding regarding the Veteran's service connection claim, specifically because it did not consider whether a new examination was warranted based on the Veteran's assertions of worsening symptoms related to his back disability.
- Claimed conditions
- bulging disc at L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 28, 2009
- Citation
- 0928084
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 0928084.
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 claim for an increased rating for his lumbar spine disability was denied as the evidence did not show that he met the criteria for a higher rating under either the General Rating Formula or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
- Granted
The Board found that the veteran's degenerative disc disease of the lumbar spine with a bulging disc at L5-S1 is manifested by painful motion, motion in every direction with flexion greater than 85 degrees, and no incapacitating episodes. Therefore, an initial rating higher than 10 percent was denied.
- Granted
The Board has determined that the veteran's lumbar spine disability, including a bulging disc at L5-S1 level, was incurred in active service and grants service connection for this condition.
- Partly granted
The Board has jurisdiction over issues related to the evaluations for lumbar myositis, dorsal spine myositis and degenerative joint disease, right knee disability, and left knee disability. The evaluation of these conditions is mixed, with some granted and others not.
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