The veteran's appeal is about whether he should receive a higher disability rating for his low back disorder, and also if he qualifies for a TDIU due to his service-connected condition. The VA has ordered additional examinations and development of the case.
The deciding factor: The decision on the increased rating claim will be based on the results of the new examination, while the TDIU determination will consider whether the veteran's back disorder prevents him from obtaining or maintaining substantially gainful employment.
- Claimed conditions
- vertebral disc syndrome, status-post laminectomy L4-5 with six pedicle screw fixation and two rods, L5-S1 diskectomy; and L4-S1 fusion with bone graft
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 15, 2001
- Citation
- 0104754
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 0104754.
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.
- Denied
The Veteran's claims for service connection and effective dates prior to August 10, 2016 were denied.,VA found no evidence of a claim having been filed prior to August 10, 2016.
- Dismissed
The Veteran's appeals for initial compensable ratings for bilateral hearing loss and increased rating for radiculopathy of the left lower extremity have been dismissed. The appeal for an initial rating in excess of 70 percent for mood disorder is denied, but a TDIU is granted.
- Denied
The Board denied the veteran's claim for special monthly compensation (SMC) on account of the need for aid and attendance or by reason of being housebound, finding that his service-connected disabilities did not render him permanently bedridden or unable to care for himself without regular assistance.
- Denied
The Board found that the veteran's death was not caused by a service-connected disability, and thus denied both the claim for service connection for cause of death and the eligibility for Dependents' Educational Assistance (DEA) benefits.
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