The Board has found that there are issues to be addressed regarding the reopening of a previously denied claim for service connection for lumbar spine degenerative disc disease and the entitlement to service connection for bilateral hip arthritis. The Veteran's claims have been remanded due to procedural defects in the previous decision.
The deciding factor: The RO failed to address all the issues referenced in the Veteran's notice of disagreement, which constitutes a procedural defect requiring further consideration.
- Claimed conditions
- lumbar spine degenerative disc disease, bilateral hip arthritis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 28, 2024
- Citation
- 24009696
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 24009696.
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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for a low back disability, as there are insufficient medical opinions and records. The case will be returned to the AOJ for further development.
- Denied
The Veteran's initial rating for lumbar spine degenerative disc disease was denied, and his claims for right knee, left knee, right hand, left hand, GERD, neck disability, and bilateral hearing loss were also denied. The effective date of service connection for obstructive sleep apnea was granted on December 14, 2022.
- Dismissed
The appeal for service connection of left knee condition, lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis is dismissed due to lack of jurisdiction over the August 2021 rating decision. Service connection for lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis are granted.
- Dismissed
The Veteran has withdrawn his appeals for increased disability ratings in excess of 20 percent for lumbar spine degenerative disc disease and right shoulder labral tear, including superior labral anterior-posterior lesion. The appeal is dismissed.
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