The Board has determined that additional evidentiary development is necessary prior to the adjudication of the appellant's claim for an increased disability evaluation for degenerative disc disease (DDD) of the lumbar spine. The case is REMANDED for further action.
The deciding factor: The appellant must be provided with adequate notice of VA's duties to notify and assist him, compliant with the Veterans Claims Assistance Act of 2000 (VCAA). Additionally, VA must make all attempts to obtain any outstanding VA and private treatment records since 2007.
- Claimed conditions
- Degenerative disc disease (DDD) of the lumbar spine, Thygeson's keratitis, Left ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2009
- Citation
- 0939473
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 0939473.
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 has determined that the Veteran's left ear hearing loss disability does not meet or approximate criteria for a compensable (10%) disability rating at any point during the appeal period.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a compensable rating for right ear hearing loss and service connection for left ear hearing loss due to inadequate audiometric examinations. The Veteran will be scheduled for new VA examinations to determine the nature and etiology of his left ear hearing loss and the severity of his hearing loss.
- Remanded (sent back)
The Veteran's liver disability has not resulted in any compensable symptoms, as he had a previous history of liver disease but is currently asymptomatic.,The Veteran's left ear hearing loss has been rated at noncompensable level due to the absence of more than Level I hearing acuity.
- Granted
The Board has granted a total disability rating based on individual unemployability (TDIU) from August 6, 2008 due to the Veteran's service-connected right knee disability.
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