The Board has remanded the case for further development regarding service connection claims due to exposure to ionizing radiation, including an examination of the Veteran's occupational history and potential exposure.
The deciding factor: The Court found that the Board failed to provide adequate reasons and bases for its finding on radiation exposure in service and compliance with duty-to-assist requirements.
- Claimed conditions
- degenerative arthritis of the shoulders, degenerative arthritis of the knees, DDD of the cervical spine, degenerative changes status post laminectomy of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 13, 2009
- Citation
- 0930395
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 0930395.
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.
- Granted
The Veteran's claim for increased ratings was continuously pursued, and the appellant is eligible to charge agent fees based on past-due benefits awarded in the June 2024 rating decision.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development due to incomplete records and procedural issues.
- Dismissed
The Board denied the veteran's appeal for timely filing of a Board Appeal request and dismissed the attempted appeals.
- Dismissed
The Veteran has withdrawn his appeals regarding the increased ratings for tension headaches, degenerative arthritis of the lumbar spine, DDD of the cervical spine, and voiding dysfunction.
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