The veteran's appeal is being remanded for further development and readjudication, including assigning separate ratings for each of the polio residuals.
The deciding factor: The Board has invalidated previous development due to a regulation change and requires additional evidence and development before making a decision on the increased rating claim.
- Claimed conditions
- weakness of the paraspinal muscles, intercostal muscles, abdominal muscles, restrictive lung disease, right lower extremity polio residuals, left lower extremity polio residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2003
- Citation
- 0309385
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 0309385.
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 Board denied the Veteran's claim for an increased initial evaluation for obstructive sleep apnea, finding that a higher rating was not warranted.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 10 percent for service-connected restrictive lung disease to correct a duty-to-assist error.
- Dismissed
The appeal for issues related to eczema, IBS, headaches, liver disability, enlarged prostate and urinary frequency, allergic rhinitis, and restrictive lung disease were dismissed. The claim for a rating in excess of 10 percent for allergic rhinitis was denied.
- Remanded (sent back)
The Board remands the claim for service connection for restrictive lung disease due to conflicting medical evidence and a need for additional testing.
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