The veteran's claim for an increased rating for his service-connected herniated disc at L5-S1 and degenerative changes at L4-L5 and L5-S1 is being remanded due to the need for VCAA notice, a VA spine examination, and review of the claim under both old and current rating criteria.
The deciding factor: The veteran's claim requires additional development including VCAA compliance, a new VA spine examination, and consideration of both old and amended rating criteria.
- Claimed conditions
- herniated disc at L5-S1, degenerative changes at L4-L5 and L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2004
- Citation
- 0402370
Veterans Law Judge
Decisions by this judge: 1,599 · Granted: 37% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0402370.
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 remands the claim for a back condition to be addressed with a new, adequate medical opinion.
- Denied
The Veteran's claims for increased ratings were denied. The VA determined that the evidence did not support a higher rating for his herniated disc at L5-S1 or radiculopathy of the left lower extremity prior to January 19, 2012, and cervical spine DDD.
- Remanded (sent back)
The Board has determined that additional development is needed to determine the etiology of the Veteran's lumbar spine condition, including a herniated disc at L5-S1. The case is REMANDED for further action.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his service-connected herniated disc at L5-S1 and degenerative disc disease of the cervical spine.
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