The Veteran's service-connected disabilities, including spondylolisthesis L5-S1 with secondary myositis of dorsal and lumbar paravertebral muscles; myositis of the cervical paravertebral muscles; spondylolisthesis L5-S1 with secondary myositis of the cervical dorsal lumbar paravertebral muscles; residuals of fracture of the right clavicle with deformity; and duodenal ulcer disease with duodenitis, meet the schedular requirements for a TDIU. However, VA has not determined whether these disabilities alone preclude her from obtaining or engaging in substantially gainful employment.
The deciding factor: VA needs to obtain an examination to assess the Veteran's ability to work due to her service-connected disabilities.
- Claimed conditions
- spondylolisthesis L5-S1 with secondary myositis of dorsal and lumbar paravertebral muscles, myositis of the cervical paravertebral muscles, spondylolisthesis L5-S1 with secondary myositis of the cervical dorsal lumbar paravertebral muscles, residuals of fracture of the right clavicle with deformity, duodenal ulcer disease with duodenitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- March 15, 2010
- Citation
- 1009655
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 1009655.
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.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Granted
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- Denied
The Board denied the Veteran's appeal for special monthly compensation based on loss of use of his left foot, as there was no evidence showing that the service-connected conditions resulted in functional limitation equal to that of amputation of the left foot with prosthesis.
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