The Veteran's appeal is being remanded due to the need for additional development, including a VA examination to assess his employability given his service-connected disabilities.
The deciding factor: The decision requires further evaluation of the Veteran's physical and mental capabilities in relation to his employment status based on his service-connected disabilities.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Bilateral radiculopathy, Residuals of a right ankle condition, status post surgical repair, Lumbosacral strain, Bilateral tinnitus, L5 radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 23, 2010
- Citation
- 1023375
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 1023375.
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 service-connected acquired psychiatric disability, ischemic cardiomyopathy, and other disabilities have rendered him unable to secure and follow a substantially gainful occupation since December 29, 2020. Effective from that date, the Veteran is granted TDIU and SMC housebound.
- Remanded (sent back)
The Board has remanded the claims for an initial disability rating in excess of 10 percent for the lumbar spine disability prior to October 11, 2022 and since December 1, 2022. The Veteran's claim is currently rated at 10 percent under Diagnostic Code 5242.
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