The claim for service connection for a lumbar spine disorder is reopened, and the remaining claims are remanded.
The deciding factor: The evidence submitted since the April 2010 rating decision is new and material, raising a reasonable possibility of substantiating the claim for service connection for a lumbar spine disorder. The other claims require further development before a final determination can be made.
- Claimed conditions
- Lumbar spine disorder, Hearing loss, Sinusitis, Allergic rhinitis, Bilateral plantar fasciitis, Psychiatric disorder (to include posttraumatic stress disorder), Bilateral shoulder disability, Bilateral hand disability, Bilateral knee disability, Asthma, Kidney disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2023
- Citation
- 23000380
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 service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Granted
The Board granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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