The Veteran's appeal is remanded due to the need for additional examinations and treatment records.
The deciding factor: The current state of the Veteran’s disabilities has not been adequately assessed in over three years, necessitating further examination and review of recent medical records.
- Claimed conditions
- Degenerative joint disease and degenerative disc disease of the lumbar spine (residuals L-5 fracture), Degenerative arthritis of the cervical spine, Tendonitis of the right hip, limitation of flexion, Right knee subluxation, Left knee subluxation, Right knee patellofemoral syndrome, Left knee patellofemoral syndrome, Right shoulder tendonitis, Left shoulder tendonitis, Sinusitis with headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2020
- Citation
- 20000051
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.
- Partly granted
The Board granted an initial disability rating of 30 percent for degenerative arthritis of the cervical spine but denied a total disability rating based on individual unemployability (TDIU).
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative arthritis of the cervical spine and entitlement to total disability based on individual unemployability (TDIU) due to a pre-decisional duty to assist error.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from July 7, 2017, but no earlier, to July 26, 2019, and he was granted basic eligibility for DEA benefits during the same period.
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.