The Board has determined that further development is required with respect to the right shoulder, osteoporosis, lumbar spine, and GERD claims. The Veteran's cervical spine disorder and glaucoma claims are not currently on appeal.
The deciding factor: The Veteran did not perfect his appeal of the denial of service connection for hypertension by filing a timely Substantive Appeal after a Statement of the Case (SOC) was promulgated in October 2003. The new evidence received since the prior denials does not relate to an unestablished fact necessary to substantiate these claims.
- Claimed conditions
- osteoarthritis of the right shoulder, osteoporosis with joint motion, degenerative arthritis of the lumbar spine, otitis media, scar on the eye, gastrointestinal reflux disease (GERD), degenerative arthritis of the cervical spine (cervical spondylosis with radiculopathy)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2010
- Citation
- 1001458
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 1001458.
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's appeals for a higher rating, compensable rating, and extension of temporary total evaluation for his lumbar spine disability have been dismissed due to the Veteran withdrawing all claims in April 2022.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
- Granted
The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine and associated radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a total rating based on individual unemployability (TDIU) effective October 23, 2024.
- Granted
The Veteran's degenerative arthritis of the lumbar spine is granted as service connection due to continuity and chronicity since it began in service.
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