The Board has remanded this case to the RO (via the AMC) to schedule a videoconference hearing for the Veteran on whether new and material evidence has been received to reopen service connection for his claimed back disorder.
The deciding factor: The Veteran requested a personal hearing, and the case was remanded with instructions to schedule such a hearing. The Board is now requiring further action by scheduling the Veteran's requested hearing.
- Claimed conditions
- degenerative disc condition of the upper back, spasms
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 17, 2009
- Citation
- 0935028
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 0935028.
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 decided to remand the case due to the need for a VA examination to determine if there is a link between the Veteran's current back disability and her military service, specifically the in-service acute back pain.
- Denied
The Board denied the Veteran's claims of service connection for loss of muscle control, left foot pain, right foot pain, and urinary incontinence. The evidence did not support a finding that these conditions were incurred or aggravated by military service.
- Granted
The Veteran's claim for service connection of residuals of a head injury, low back disability, neck disability, fatigue (claimed as sleep apnea), hypertension, sexual dysfunction, and GI disorder has been reopened. The Board finds new and material evidence sufficient to reopen the previously denied claims.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and a VA examination to assess the severity of his low back disability. The TDIU claim will also be considered.
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