The Veteran's claim for service connection for lumbar spine stenosis and cervical spine injury is remanded. The Veteran's claims for a rating in excess of 10 percent for residuals of right fifth metatarsal fracture and TDIU are also remanded.
The deciding factor: New evidence has been submitted that relates to the unestablished fact necessary to substantiate the claim, including medical opinions linking the current back disabilities to service. The Veteran's foot disability is found to have worsened since the last VA examination, necessitating a new evaluation.
- Claimed conditions
- lumbar spine stenosis, cervical spine injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2019
- Citation
- 19126405
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.
- Dismissed
The appeal seeking a rating in excess of 20 percent for service-connected lumbar spine stenosis was withdrawn by the Veteran, and the appeal is dismissed.
- Denied
The Board denied service connection for all claimed conditions due to lack of evidence linking them to active service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to issues related to his character of discharge from service and the remaining service connection claims are also remanded as 'inextricably linked together' with the character of discharge issue.
- Granted
The Board has determined that the Veteran's lumbar spine degenerative spondylolisthesis and stenosis are due to an in-service injury, thus granting service connection for these conditions.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.