The Veteran's claim for a higher rating for his service-connected degenerative arthritis of the lumbar spine is being remanded due to unclear findings from an earlier examination and new evidence indicating worsening symptoms.
The deciding factor: The Board found that further clarification was needed regarding the nature and severity of the Veteran's neurological manifestations and range of motion, as well as additional functional loss due to flare-ups, fatigability, incoordination, and pain on movement.
- Claimed conditions
- degenerative arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 6, 2010
- Citation
- 1037846
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 1037846.
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 sleep apnea, as there is no current disability. The issues of entitlement to service connection for bilateral hearing loss, tinnitus, and degenerative arthritis of the lumbar spine are remanded due to inadequate examination reports.
- Partly granted
The Board granted service connection for degenerative arthritis of the lumbar spine, left shoulder, and bilateral plantar fasciitis. The appeal was also granted to reopen a claim for service connection for bilateral hip disability.
- Dismissed
The Veteran withdrew his appeal for special monthly compensation based on the need for aid and attendance due to service-connected conditions.
- Remanded (sent back)
The Board remands the claims for service connection for chronic lymphocytic leukemia, degenerative arthritis of the lumbar spine, hypertension, and migraine headaches to correct pre-decisional duty to assist errors.
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