The Veteran seeks service connection for osteoarthritis of the lower lumbar spine and thoracolumbar spine. The Board finds additional questions must be addressed, including obtaining VA treatment records and a new examination to determine the nature and etiology of any current back disability.
The deciding factor: The VA examiner's opinion was not supported by rationale or reconciled with the Veteran's history of no previous back injuries other than one reported in service.
- Claimed conditions
- osteoarthritis of the lower lumbar spine, osteoarthritis of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2009
- Citation
- 0942567
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 0942567.
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.
- Dismissed
The Veteran withdrew their appeal for scoliosis and osteoarthritis of the thoracolumbar spine, resulting in the dismissal of this case.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete records from CJW Medical Center and Johnston-Willis Hospital. The claims are also remanded for issuance of an SOC regarding the effective date for a 10% rating for right foot hallux valgus.
- Granted
The Veteran's osteoarthritis of the lower lumbar spine is related to his military service, and the Board has granted service connection for this condition.
- Dismissed
The appeal for service connection for urethral stricture is dismissed. The appeals for PTSD, osteoarthritis of the thoracolumbar spine, alcoholism, chemical dependence, and insomnia are remanded.
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.