The Board has remanded the case for further development due to inadequate discussion of a January 2003 private medical report and concerns about the adequacy of the February 2007 VA examination.
The deciding factor: The Board failed to adequately discuss a favorable private medical report linking the Veteran's L1 compression fracture and radiculopathy down both legs to his service-connected lumbar myositis, and there were concerns about the adequacy of the February 2007 VA examination.
- Claimed conditions
- myositis of the lumbar spine with degenerative joint disease (DJD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 21, 2009
- Citation
- 0931467
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 0931467.
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 a higher evaluation for the veteran's service-connected lumbosacral spine disorder, finding that it did not more closely resemble severe intervertebral disc disease with recurring attacks and intermittent relief or cause neurological manifestations.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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