The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA compensation examinations.
The deciding factor: The decision was not about service connection but rather about the appropriate disability ratings following the initial grants of service connection. The case needs to be reviewed again due to incomplete evidence and need for updated evaluations.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Radiculopathy associated with degenerative disc disease of the cervical spine, Degenerative joint disease of the right shoulder, Degenerative joint disease of the right knee, Gastroesophageal reflux disease with a hiatal hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 11, 2010
- Citation
- 1017338
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 1017338.
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 service connection for degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Granted
The Veteran's right and left knee braces caused wear and tear to his clothing in the year of 2021, leading to a decision granting annual clothing allowances for both knee braces.
- Remanded (sent back)
The Veteran's claims for increased ratings for cervical and lumbar spine disabilities prior to October 22, 2008 are being remanded due to the need for additional retrospective medical opinions.
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