The Veteran's appeal is being remanded for additional development, including obtaining recent VA and private treatment records and scheduling the Veteran for a VA examination to assess his service-connected low back pain with multi-level degenerative disc disease of the lumbar spine and L4-5 spondylosis and spondylolisthesis, as well as bilateral lower extremity radiculopathy and neurogenic claudication.
The deciding factor: The Veteran has asserted increased symptoms since his last VA examinations in February 2007 and January 2008. The Board finds that a current VA evaluation is necessary to determine the current nature and extent of these service-connected disabilities.
- Claimed conditions
- chronic low back pain with multi-level degenerative disc disease of the lumbar spine and L4-5 spondylosis and spondylolisthesis, bilateral lower extremity radiculopathy and neurogenic claudication
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2011
- Citation
- 1145534
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 1145534.
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.
- Dismissed
The Veteran's appeals for increased ratings for his low back disability and right and left lower extremity radiculopathy and neurogenic claudication have been withdrawn.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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