The Board has remanded the case due to regulatory changes and incomplete consideration of the Veteran's cervical spine strain. The Veteran is entitled to a higher evaluation for his T9 compression fracture with lumbar spinal strain, but the appropriate rating for his cervical strain must be determined.
The deciding factor: The regulatory changes require application of both old and new criteria for evaluating spine disabilities, including intervertebral disc syndrome.
- Claimed conditions
- T9 compression fracture, lumbar spinal strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2012
- Citation
- 1229839
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 1229839.
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 Veteran's claims for increased ratings for his left and right knee patellofemoral pain syndrome, lumbar spinal strain, hypertension, and dysthymic disorder are remanded due to the need for new examinations to assess the severity of these conditions.
- Remanded (sent back)
The Veteran's claim for service connection for low back disability is being remanded due to the need for clarification of a VA examiner's opinion and further development.
- Granted
The Veteran's lumbar spine disability is rated at 40 percent, effective September 24, 2004. The right lower extremity radiculopathy and migraine headaches are each rated at the maximum available evaluations.
- Granted
The Board has granted service connection for bilateral tinnitus and finds that the Veteran's current tinnitus is causally related to his time in service. The issues of entitlement to service connection for bilateral hearing loss, lumbar spinal strain, and an increased rating for painful exostosis of the left anterior chest are remanded.
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