The Board has remanded the Veteran's claims for secondary service connection and increased rating of his degenerative disc disease of the lumbar spine due to lack of a medical opinion regarding whether radiculopathy is a manifestation of this condition, and because more contemporaneous orthopedic and neurological examinations are needed.
The deciding factor: The Board found that there was insufficient evidence to determine if radiculopathy is a separate disability from his service-connected lumbar spine disability or if it is simply an exacerbation of the existing condition.
- Claimed conditions
- degenerative disc disease of the lumbar spine, radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2010
- Citation
- 1000984
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 1000984.
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.
- Partly granted
The Board granted service connection for GERD, left wrist sprain, right knee strain, and degenerative disc disease of the lumbar spine. The claim for an increased rating for generalized anxiety disorder with depressive disorder was denied.
- Remanded (sent back)
The Board remands the claims for a total disability rating based on individual unemployability due to service-connected disabilities and special monthly compensation based on aid and attendance, pending implementation of an earlier effective date for urge incontinence.
- Dismissed
The appeal for service connection for cervical strain with degenerative disease and degenerative disc disease of the lumbar spine was dismissed as it was not timely filed.
- Granted
The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance is granted, as he requires regular assistance with dressing, keeping himself clean and presentable, and attending to his bodily needs due to service-connected disabilities.
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.