The Board has ordered further development of the issues of entitlement to service connection for frostbite of the feet and residuals of cervical radiculopathy. The claim of service connection for tremors of the lower extremities is deferred until such time as a VA examination can be scheduled.
The deciding factor: New evidence received since the last denial does not relate to unestablished facts necessary to substantiate the merits of the claims, and thus does not reopen the claims.
- Claimed conditions
- residuals of cervical discectomy with radiculopathy of the upper right extremity, frostbite of the feet, tremors of the lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2009
- Citation
- 0947912
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 0947912.
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 appeal was dismissed due to the Veteran's death while it was pending.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for frostbite of the hands and feet for issuance of a Statement of the Case.
- Denied
The Board denied service connection for prostate cancer, erectile dysfunction, tinnitus, bilateral hearing loss, and an acquired psychiatric disorder. The back condition and frostbite of the hands and feet were remanded for further examination.
- Dismissed
The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.
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