The Veteran's appeal is being remanded to obtain a new VA examination and additional medical records, as the current evidence does not reflect his current state of disability.
The deciding factor: The Veteran has provided evidence suggesting that his service-connected lumbar spine condition may have worsened since his last examination in March 2007. The Board finds that a remand is necessary to ensure an accurate assessment of his current disability level.
- Claimed conditions
- degenerative disc disease of the lumbar spine with arthritis, L-4 radiculopathy of the left lower extremity, L-4 radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 28, 2010
- Citation
- 1028132
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 1028132.
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 case is being remanded due to the submission of new evidence and a request for further medical inquiry. The Veteran's attorney has requested additional development, including obtaining records from Kansas University School of Medicine.
- Remanded (sent back)
The Board has ordered a remand to obtain the Veteran's complete VA treatment records from the Bay Pines VAMC and all associated outpatient clinics dated from May 2008 to the present. The claims will be readjudicated after receiving these records.
- Denied
The Veteran's service-connected degenerative disc disease of the lumbar spine with arthritis, status post lumbar laminectomy, is currently rated at 40 percent and does not meet criteria for a higher rating. The Veteran's L-4 radiculopathy of the left and right lower extremities are each rated at 10 percent.
- Denied
The veteran's degenerative disc disease of the lumbar spine with arthritis does not meet or approximate the criteria for a rating in excess of 10 percent.
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