The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The issues on appeal are whether he is entitled to a temporary total rating based upon convalescence from March 2008 cervical spine surgery, and whether he is unemployable due to his service-connected disabilities.
The deciding factor: The Veteran's claim requires further development as there may be additional relevant medical records that have not been obtained. Additionally, the Veteran needs a VA examination to determine if his service-connected disabilities prevent him from securing and following substantially gainful employment.
- Claimed conditions
- status post C5-6 anterior cervical diskectomy fusion, degenerative disc disease L4-5 and L5-S1 with minimal spondylosis of the lumbar spine, bilateral degenerative arthritis of the knees, a surgical scar of the anterior cervical spine, left ankle injury, bilateral bunion formation of the first metacarpal phalangeal joints and small heel spurs of the feet, pseudofolliculitis barbae
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 5, 2012
- Citation
- 1230341
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 1230341.
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's service-connected disabilities require regular aid and attendance, resulting in the grant of special monthly compensation based on the need for regular aid and attendance. The issue of entitlement to special monthly compensation at the housebound rate is moot.
- Denied
The Veteran's request for an earlier effective date for the grant of service connection for pseudofolliculitis barbae is denied as there is no legal authority to assign an earlier effective date, and the RO has already assigned the earliest possible effective date for the award of service connection.
- Granted
The Veteran's service-connected pseudofolliculitis barbae is rated at a 10 percent disability rating, the minimum allowed under VA regulations. The condition involves less than 20% of exposed areas but does not meet criteria for higher ratings.
- Denied
The Board denied service connection for a bilateral knee condition, high blood pressure, and low back condition. Service connection was also denied for pseudofolliculitis barbae.
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