The veteran is seeking a higher disability rating for his service-connected lumbar spine strain and disc disease. The RO has requested an examination to assess the severity of his condition, but the current evaluation does not reflect the full extent of his symptoms.
The deciding factor: The VA needs to ensure that the appropriate regulations are applied in assessing the veteran's disability due to a change in the rating criteria for spine disabilities effective September 26, 2003.
- Claimed conditions
- lumbar spine strain, disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2003
- Citation
- 0335381
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 0335381.
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 benefits for a child born with birth defects and spina bifida under 38 U.S.C. § 1805, as the appellant does not have a diagnosis of spina bifida and is not the biological daughter of the Veteran.
- Granted
The Board granted service connection for a temporomandibular joint disorder, sleep disorder (claimed as obstructive sleep apnea), lumbar spine strain, and cervical spine degenerative arthritis, all secondary to the Veteran's service-connected post-traumatic stress disorder. The claim for traumatic brain injury was denied.
- Dismissed
The appeal for higher ratings and special monthly compensation was withdrawn by the Veteran before a decision was made.
- Denied
The Board denied the veteran's claims for earlier effective dates and service connection for various conditions, as well as initial ratings higher than noncompensable for dermatitis and hypertension, and a rating higher than 20 percent for lumbar spine strain.
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