The Board has decided to remand the case for further development, including obtaining VA clinical records and scheduling a VA examination.
The deciding factor: The decision is based on the need for additional evidence and clarification of the Veteran's claim due to conflicting medical opinions and lack of recent treatment records.
- Claimed conditions
- lumbar small posterior disk herniations L4-L5 and L5-S1 (claimed as lower back condition), degenerative spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 1, 2010
- Citation
- 1044785
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 1044785.
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 Veteran's claim for an initial rating higher than 10 percent for service-connected low back disability is denied. The evidence does not show that the condition meets or approximates the criteria for a higher rating under any applicable diagnostic code.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial disability rating in excess of 10 percent for low back disability and entitlement to a TDIU due to service-connected disabilities. The case is returned to the AOJ for further procedural processing, including obtaining additional information from the Veteran regarding his employment status.
- Granted
The Veteran's lumbosacral strain with degenerative spondylosis is rated at 10 percent prior to May 4, 2020 and 20 percent thereafter. The Veteran's exercise-induced bronchospasm with intermittent cough from September 1, 2015 to February 17, 2016 is granted a compensable rating of 30 percent. The Veteran's OSA with exercise induced bronchospasm with intermittent cough from February 17, 2016 is denied any higher than the current 50 percent rating.
- Remanded (sent back)
The Veteran's claims for increased ratings for her cervical spine and left upper extremity radiculopathy are being remanded due to the need for additional examinations and consideration of new evidence.
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