The Veteran's appeal is remanded due to the need for a new VA examination and consideration of updated outpatient records. The case will be returned to the Board for further action.
The deciding factor: The decision requires additional evidence in the form of updated medical records and a reevaluation by a VA examiner to assess the current severity of the Veteran's lumbar spine disability.
- Claimed conditions
- right L5 radiculopathy, L4-L5 herniated disc with lumbosacral paravertebral myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2011
- Citation
- 1133685
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 1133685.
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 Board has remanded multiple issues for further development, including service connection claims and rating determinations. The Veteran's claims are being returned to the AOJ for additional development.
- Remanded (sent back)
The Board is remanding all issues for additional development and records.,The Veteran's service connection claims are being remanded due to the need for additional records, including military personnel records and service treatment records.,The VA psychiatric examination in January 2018 did not provide a clear opinion on the etiology of the acquired psychiatric disorder. A new examination is needed.,VA lumbar and cervical spine examinations were inadequate and require further evaluation to determine functional impairment due to pain, weakness, fatigue, or incoordination.,The Veteran's claim for an effective date prior to March 17, 2008 for the award of a total disability rating based on individual unemployability is being remanded due to conflicting evidence regarding his last date of employment.
- Denied
The Veteran's claims for increased ratings and initial ratings were denied. The Veteran was granted a higher rating of 50 percent for major depressive disorder from March 8, 2019.
- Granted
The Veteran's service-connected disabilities, including diabetes mellitus type II and multiple neuropathies, render him unable to secure or follow a substantially gainful occupation.
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