The Board has remanded the case for further consideration, including an extraschedular evaluation and a total rating based on individual unemployability.
The deciding factor: The decision is pending further review by the RO to consider additional evidence and determine if an extraschedular evaluation or a total rating based on individual unemployability is warranted.
- Claimed conditions
- spondylolisthesis at L5-S1, degenerative disc disease at L4-5, status post surgical fusion with retained hardware
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2009
- Citation
- 0934150
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 0934150.
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 Veteran's claim for a higher rating for his service-connected spondylolisthesis at L5-S1 with persistent back pain from February 12, 2020 is denied. The case has been remanded due to issues related to TDIU.
- Remanded (sent back)
The Board has reopened the Veteran's claims for service connection for various conditions, but has remanded them for further development and consideration.
- Granted
The Board has determined that the Veteran's current lumbar spine disability, including degenerative disc disease and spondylolisthesis at L5-S1, is presumed to be related to service due to continuity of symptoms since service. The appeal for service connection is granted.
- Remanded (sent back)
The Veteran's claim for service connection for bilateral hearing loss has been reopened, and he is now entitled to a disability rating of 20 percent for his spondylolisthesis at L5-S1. His right lower extremity radiculopathy also warrants a 40 percent disability rating. However, the TDIU claim was denied as the Veteran's service-connected conditions do not render him unable to secure or follow a substantially gainful occupation.
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