The Veteran's appeal is remanded due to the need for a new VA examination of his service-connected low back disorder and consideration of whether he is unemployable.
The deciding factor: The Veteran has not been provided with an updated VA examination in over four years, which may affect the current severity assessment of his service-connected low back disorder. Additionally, the issue of TDIU (Total Disability Rating Independent of Service Connection) must be considered as part of this appeal.
- Claimed conditions
- degenerative joint disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2009
- Citation
- 0948078
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 0948078.
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 Board has granted service connection for the Veteran's degenerative joint disease of the lumbosacral spine, finding that it is at least as likely as not related to military service.
- Granted
The Board granted a 40 percent disability rating for the Veteran's low back disorder, effective March 31, 2019.
- Denied
The Veteran's TDIU claim for the period prior to March 28, 2014 was denied as his service-connected disabilities did not meet the schedular criteria for a TDIU and there is no evidence of unemployability due to these conditions.
- Dismissed
The Veteran's appeals for increased ratings have been dismissed as he has withdrawn his appeal in a communication received in April 2022.
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.