The Veteran's appeal is being remanded for further development to determine the current severity of his DDD, L4-L5 and any additional disability caused by a subsequent on-the-job injury. The case will be readjudicated after this development.
The deciding factor: The VA examiner was unable to distinguish between the effects of the service-connected DDD and the Veteran's subsequent on-the-job injury, leading to an inadequate examination.
- Claimed conditions
- Degenerative Disc Disease (DDD), L4-L5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2010
- Citation
- 1010010
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 1010010.
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.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative disc disease and associated radiculopathy, as the record does not include all relevant treatment records prior to back surgery.
- Denied
The Board denied service connection for a back disorder, including degenerative disc disease, degenerative arthritis, spondylolisthesis, and compression fracture at L2, as the evidence did not support a finding that these conditions were incurred in or aggravated by service.
- Partly granted
The Veteran was granted a 40 percent rating for degenerative disc disease (DDD) prior to April 18, 2024, but the claims for increased ratings for DDD from that date and for right ankle disability were denied.
- Granted
The Board granted an increased disability rating of 40 percent for degenerative disc disease and a total disability rating based on individual unemployability 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.