The Veteran's appeal includes claims for increased ratings for his service-connected lumbar spine and related weakness of the lower extremities, as well as a claim for TDIU. The case is being remanded to consider these issues.
The deciding factor: The Veteran has raised additional issues in his appeal that must be addressed before a final decision can be made on his claims.
- Claimed conditions
- traumatic degenerative joint disease of the lumbar spine, weakness of the right lower extremity, weakness of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 22, 2010
- Citation
- 1023177
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 1023177.
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 Board has dismissed the appeals for entitlement to an increased rating for weakness of the right lower extremity with drop foot and for financial assistance for automobile or other conveyance and adaptive equipment or adaptive equipment only, as the appellant withdrew his appeal through his authorized representative.
- Granted
The Veteran's service-connected autoimmune disorder to include rheumatoid arthritis has resulted in the need for aid and attendance of another, as evidenced by his inability to perform daily activities independently due to joint pain, swelling, and weakness. He requires assistance with bathing, grooming, and keeping himself clean and presentable.
- Remanded (sent back)
The Board has determined that there was clear and unmistakable error in assigning an earlier effective date for the grant of service connection for left upper extremity weakness, left lower extremity weakness, and chronic kidney disease with hypertension. The Veteran's claims are remanded to obtain a new rating decision.,Additional examinations are needed to address the severity of the Veteran's sleep apnea, bilateral hearing loss, and TDIU prior to November 16, 2021.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected disabilities.
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