The Veteran's claims for service connection have been reopened, but the Board finds that new and material evidence has not been received to reopen these claims. The issues of entitlement to a temporary total rating based on convalescence beyond December 11, 2009; initial ratings in excess of 20 percent for cervical spondylosis (cervical spine disability); initial ratings in excess of 10 percent for right and left upper extremity radiculopathy due to cervical spine disability; initial ratings in excess of bilateral neural foramina stenosis of the lumbar spine (lumbar spine disability); and effective dates prior to September 10, 2008 have been referred back to the RO.
The deciding factor: The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for chondromalacia patellae (knees), strain of cervical spine, and strain of lumbar spine.
- Claimed conditions
- chondromalacia patellae (knees), strain of cervical spine, strain of lumbar spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 19, 2013
- Citation
- 1323095
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 1323095.
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
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.