The veteran's claim for an evaluation in excess of 40 percent for lumbar discogenic disease prior to February 25, 1998 is being remanded due to additional development required by the Veterans Court.
The deciding factor: The case must be returned to the regional office for further development and readjudication as mandated by a recent court decision invalidating certain procedural steps.
- Claimed conditions
- lumbar discogenic disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 18, 2003
- Citation
- 0320672
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 0320672.
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 case due to insufficient medical opinions regarding range of motion for the thoracolumbar spine. The Veteran's claim for increased ratings for back disabilities is being returned to VA for further review.
- Remanded (sent back)
The Board has remanded the case due to a duty-to-assist error and an inadequate opinion regarding secondary service connection for lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a rating in excess of 20 percent for lumbar discogenic disease, degenerative disc disease (DDD), radiculopathy, sciatic nerve, right lower extremity, and radiculopathy, left lower extremity. The Veteran should be provided an opportunity for a VA examination to assess the current severity and manifestations of his service-connected lumbar spine disability and associated radiculopathies.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection for lumbar discogenic disease, left basal discoid atelectasis, and elongated thoracic aorta are remanded due to the need for additional medical examination.
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