The Board has remanded the Veteran's claim for an initial evaluation in excess of 10 percent for service-connected compression fracture at L4 to allow for further development and adjudication.
The deciding factor: The Court found that the Board's decision was not based on all the evidence of record, including the effect of pain after repetitive use, and relied on an inadequate medical examination. The Veteran should be afforded a new VA spine examination upon remand.
- Claimed conditions
- compression fracture at L4, left posterolateral L5-S1 herniated nucleus pulposus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 18, 2009
- Citation
- 0935171
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 0935171.
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 low back disability, characterized by a demonstrable vertebral body deformity and moderate limitation of motion, is currently rated at 20 percent under the criteria for lumbosacral strain.
- Denied
The Board has determined that the Veteran's low back disability, including a compression fracture at L4, was not incurred in or aggravated by active service and therefore denied his claim for service connection.
- Remanded (sent back)
The RO is remanding the case for further evaluation of the veteran's service-connected conditions, including a VA examination to assess the severity of his low back disabilities and whether he has radiculopathy of the right lower extremity. The claims will be readjudicated based on the additional evidence.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.