The Board denied the Appellant's claim for an initial evaluation in excess of 10 percent for service-connected dorsolumbar strain. The case was remanded to obtain a new VA examination and to assist the Appellant in obtaining private orthopedic and chiropractic records.
The deciding factor: The Board found that the March 2008 remand directives were not fulfilled, particularly regarding issuance of an SOC for service connection for thoracic strain and cervical spine strain, and obtaining a new VA examination to reconcile conflicting evidence of record.
- Claimed conditions
- dorsolumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 7, 2010
- Citation
- 1033513
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 1033513.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's appeals for increased evaluations for his service-connected right shoulder bicipital tendonitis and bursitis, cervical strain, and dorsolumbar strain were denied by the Board. The case is being remanded to consider whether staged ratings are warranted.
- Remanded (sent back)
The Veteran's appeal is being remanded for further development, including a VA examination and retrieval of VA outpatient records. The issues include claims for higher ratings for service-connected right shoulder tendonitis/bursitis, cervical strain, and dorsolumbar strain, as well as an issue regarding special monthly compensation based on need for aid and attendance or housebound status.
- Remanded (sent back)
The Board has remanded the case to the AOJ for scheduling a videoconference hearing due to the Veteran's request. The appeal is not resolved on its merits.
- Granted
The Veteran's service-connected dorsolumbar strain is currently rated at 20 percent, but the VA examiner found that his current range of motion and flare-ups warrant a higher rating up to 40 percent.
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