The veteran's claim is being remanded for further evaluation under the revised rating criteria for lumbar spine disabilities effective September 26, 2003. The RO must ensure all notification and development action required by the VCAA has been completed, including obtaining a VA neurological examination to determine the nature, extent, and severity of his service-connected lumbosacral strain with arthritis.
The deciding factor: The case is being remanded due to the need for evaluation under the revised rating criteria for lumbar spine disabilities effective September 26, 2003.
- Claimed conditions
- lumbosacral strain with arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 6, 2004
- Citation
- 0403439
Veterans Law Judge
Decisions by this judge: 1,582 · Granted: 32% (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 0403439.
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.
- Granted
The Veteran's claim for a higher rating for lumbosacral strain with arthritis was granted, receiving an initial disability rating of 40 percent. The other service connection claims were denied.
- Granted
The appellant is granted SMC(o) and SMC(r)(1) based on his service-connected disabilities, including PTSD, glaucoma, foot drop conditions, sleep apnea, migraines, overactive bladder, and various musculoskeletal issues. He does not qualify for higher rates due to the anatomical loss or use of extremities.
- Partly granted
The Veteran's appeal for an earlier effective date for the evaluation of lumbosacral strain with degenerative arthritis of the spine was granted, while other claims were remanded.
- Denied
The Board denied a rating in excess of 20 percent for lumbosacral strain with arthritis and service connection for a right elbow disorder.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.