The Board granted the reopening of claims for service connection for degenerative disc disease (DDD) of the lumbar spine and cervical spine, but remanded all other issues for further development.
The deciding factor: The VA examiner's opinions were found to be inadequate due to reliance on inaccurate facts and absence of medical evidence; new examinations are required.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine, Degenerative Disc Disease (DDD) of the cervical spine, Left lower extremity radiculopathy, Right lower extremity radiculopathy, Left upper extremity radiculopathy, Right upper extremity radiculopathy, Right knee disability, Left knee disability, Acquired psychiatric disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2024
- Citation
- 24001656
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.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Granted
The Board granted service connection for an acquired psychiatric disorder, finding a causal relationship between the condition and an in-service incident of military sexual trauma (MST).
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
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