The Veteran is seeking service connection for degenerative disc disease of the lumbar spine on a secondary basis to his service-connected hallux valgus. The Board has remanded the case due to an incorrect legal standard applied in its determination.
The deciding factor: The Board failed to apply the correct legal standard regarding aggravation of a nonservice-connected disability by a service-connected condition, as per 38 C.F.R. § 3.310(a).
- Claimed conditions
- degenerative disc disease (DDD) of the lumbar spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 15, 2017
- Citation
- 1704680
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 1704680.
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 Board has granted service connection for a labral tear and cartilage defect of the left shoulder, DDD of the lumbar spine, and SI joint dysfunction due to the Veteran's service-connected low back disability. The decision is based on the current disabilities being causally related to injuries sustained during service.
- Partly granted
The Board granted service connection for a bilateral hip disorder, manifested by pain and degenerative disc disease (DDD) of the lumbar spine. The claim for a hand disorder was denied.
- Partly granted
The Board granted service connection for several conditions, including diabetes mellitus and peripheral neuropathy, but denied increased ratings for intervertebral disc syndrome and other conditions.
- Partly granted
The Board denied service connection for a bilateral knee disability and denied increased ratings for degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity prior to June 7, 2024. The appeal was remanded for other issues.
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