The Veteran's appeal is being remanded for additional examinations and to consider the adequacy of the November 2006 examination.
The deciding factor: The Veteran has alleged deficiencies in the November 2006 VA examination, including lack of review of his claims file and the examiner's lack of license at that time. Additionally, the Veteran's back problems have worsened since the last examination, warranting a more definitive evaluation.
- Claimed conditions
- degenerative joint disease, thoracic spine, compression fractures T7-T8, degenerative disc disease of lumbar spine, bilateral leg and foot disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2010
- Citation
- 1043770
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 1043770.
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.
- Granted
The Veteran is granted SMC based on the need for aid and attendance due to his service-connected lumbar spine and lower extremity radiculopathy, which has rendered him in need of regular aid and assistance from another person.
- Granted
The Veteran's service-connected disabilities prevent her from obtaining and maintaining substantial gainful employment, so a TDIU is granted.
- Denied
The Veteran's TDIU claim is denied as his disability rating was reduced to 90 percent from May 1, 2022. He does not meet the schedular criteria for TDIU based on a single disability rated at 40% or more and sufficient additional disabilities to bring the combined overall rating to 70% or more.
- Dismissed
The Veteran withdrew his appeals for a disability rating in excess of 10 percent for degenerative disc disease of the lumbar spine and bilateral pes cavus with plantar fasciitis.
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