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
- Not verified here — check the original decision
- Decision date
- May 21, 2003
- Citation
- 0309385
Veterans Law Judge
Decisions by this judge: 685 · Granted: 36% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Search VA.gov for the original decision (opens in a new tab) using citation 0309385.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's claim for specially adapted housing is remanded due to a lack of a VA examination, which was a pre-decisional duty to assist error. The Board must now schedule the Veteran for an examination to determine if his service-connected asthma with restrictive lung disease and chronic hypoxic respiratory failure qualifies him for specially adapted housing.
- Whole decision: Dismissed
The appeal for a total disability rating based on individual unemployability (TDIU) is dismissed as moot because the Veteran's service-connected disabilities resulted in a combined schedular evaluation of at least 70% prior to October 15, 2024, and he was able to maintain employment despite his conditions.
- Whole decision: Remanded (sent back)
The Board has determined that the Veteran's cause of death was not related to his service-connected disabilities and thus denied DIC benefits. The claim for service connection for the cause of the Veteran's death is remanded due to a lack of a medical opinion regarding the etiology.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to inadequate opinion in the July 2024 VA examination, which did not consider the Veteran's lay contentions regarding his symptom onset and failed to provide a 'synergistic' and 'combined effect' analysis of all toxic exposure risk activities.
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