The veteran's lumbosacral strain with a fracture at L1 is rated as 30 percent disabling, and his right shoulder injury is rated as 10 percent disabling. The RO must remand the case for further development to obtain medical records and ensure compliance with VCAA requirements.
The deciding factor: The veteran's disability ratings are currently below what they should be based on recent VA examinations that found moderate limitation of motion in his lumbar spine, warranting a higher rating under Diagnostic Code 5292. The right shoulder injury also warrants review for possible increased ratings.
- Claimed conditions
- Lumbosacral Strain with a Fracture at L1, Right Shoulder Injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- February 26, 2004
- Citation
- 0405319
Veterans Law Judge
Decisions by this judge: 407 · Granted: 23% (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 0405319.
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 Board has granted readjudication of the claims for service connection for a right hip injury and a right shoulder injury due to new and relevant evidence. The issues are now remanded for further review.
- Denied
The Board denied the Veteran's request to revise a June 1971 rating decision that assigned an initial noncompensable disability rating for his right shoulder injury due to lack of clear and unmistakable error (CUE). The RO correctly applied the applicable regulations at the time.
- Granted
The Veteran's claim for an earlier effective date of June 28, 2005, for a 20 percent rating for limitation of motion residuals of gunshot wound to the right axilla is granted.
- Granted
The Veteran's claim for an earlier effective date of June 28, 2005, for a 20 percent rating for limitation of motion residuals of gunshot wound to the right axilla is granted.
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