The Veteran's claim for an increased disability rating for his service-connected degenerative disc disease of the lumbar spine with sciatica is being remanded due to the need for additional development, including obtaining updated VA treatment records and a new VA examination.
The deciding factor: The decision was not explicitly made on service connection but rather on the issue of an increased disability rating. The appeal is being remanded because further evidence and evaluation are needed to determine the current severity of the Veteran's condition.
- Claimed conditions
- Degenerative disc disease of the lumbar spine with sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2009
- Citation
- 0943990
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 0943990.
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 service connection claim for a lumbar spine disability was reopened due to new and material evidence. The Board found that the Veteran's current lumbar spine disability is related to his active service, including an in-service injury during combat in Vietnam.
- Denied
The Board found that the Veteran's service-connected low back disorder, which is rated at 40 percent under the General Rating Formula for Diseases and Injuries of the Spine, does not meet or approximate criteria for a higher rating due to lack of ankylosis, associated neurologic impairment warranting separate compensable ratings, or incapacitating episodes having a total duration of at least 6 weeks during any 12-month period.
- Denied
The Veteran's claim for a disability rating in excess of 40 percent for his service-connected degenerative disc disease of the lumbar spine with sciatica was denied. The appeal is based on the current severity of his condition, which does not meet the criteria for a higher rating under VA's General Rating Formula for Diseases and Injuries of the Spine.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for additional medical examination and records.
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