The veteran's claim for an increased evaluation of his lumbar myositis, L3-L4 and L4-L5 with a bulging disc is being remanded due to the need for additional evidence and consideration under revised VA rating criteria.
The deciding factor: The case requires further examination and review under the newly enacted Diagnostic Code 5293, which allows for intervertebral disc syndrome (preoperatively or postoperatively) to be evaluated based on total duration of incapacitating episodes over the past 12 months or by combining separate evaluations of its chronic orthopedic and neurologic manifestations.
- Claimed conditions
- lumbar myositis, bulging disc
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 10, 2003
- Citation
- 0323304
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 0323304.
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 claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Granted
The Board granted service connection for lumbar myositis, degenerative disc disease, other than intervertebral disc syndrome, and obstructive sleep apnea.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for lumbosacral strain with degenerative disc disease, spinal stenosis, IVDS, radiculopathy, and bulging disc to obtain a more thorough medical opinion.
- Partly granted
The Board denied service connection for several conditions but granted it for right hip disability and assigned a 20 percent rating for right knee instability. Some issues were remanded.
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