The veteran's claims for increased evaluations and service connection are being remanded due to the need for compliance with the Veterans Claims Assistance Act of 2000, including notification requirements under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159.
The deciding factor: The Board has been instructed to ensure that all requested development has been completed and to readjudicate the claims in light of any additional evidence obtained, including notification under the Veterans Claims Assistance Act of 2000.
- Claimed conditions
- lumbosacral strain, cervical strain, right shoulder disorder, left shoulder disorder, right hip disorder, left hip disorder, fibromyalgia, headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2003
- Citation
- 0328528
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 0328528.
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.
- Dismissed
The Veteran withdrew the appeals for service connection for fibromyalgia and Gulf War unexplained chronic multi-symptom illness, bronchus, as well as an extension of the temporary 100 percent disability evaluation.
- Partly granted
The Board granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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