The Veteran seeks service connection for a spine disorder, which he asserts was caused by an in-service fall and heavy lifting. The case is being remanded to attempt to locate the Veteran's service treatment records at a Philadelphia warehouse and obtain his unit history records from the First Battalion Ninth Marines, First Marine Division.
The deciding factor: The claim must be remanded due to the lack of service treatment records which may contain information relevant to an alleged in-service injury.
- Claimed conditions
- Osteoarthritis of the cervical spine with degenerative disc disease, Osteoarthritis of the lumbar spine with degenerative disc disease, Chronic thoracolumbar strain, Cervical myelopathy, Cervical stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 12, 2016
- Citation
- 1605572
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 1605572.
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 the claims for service connection for various conditions due to inadequate VA opinions and potential duty-to-assist errors. The Veteran's claim for hepatosplenomegaly is denied as there is no evidence of this condition during or near the pendency of his appeal.
- Remanded (sent back)
The Board has remanded the Veteran's claims for cervical stenosis and right hip strain, as well as her claim for TDIU due to pre-existing VA treatment. The AOJ must obtain non-privileged records related to the FTCA claim, provide an independent medical opinion regarding the Veteran's conditions, and ensure proper notice is given for the TDIU claim.
- Granted
The Veteran's PTSD with unspecified depressive disorder is granted an initial 70 percent rating, but no higher. The Veteran's chronic thoracolumbar strain remains remanded for further evaluation.
- Denied
The Veteran's initial rating for cervical myelopathy, status post discectomy and fusion, is denied as it did not meet the criteria for an increased rating. The Veteran's surgical scars of the neck are also denied as they do not warrant a compensable rating.
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