The veteran's claim for a total disability rating based on individual unemployability due to service-connected disability is being remanded for further development, including consideration of his low back disorder and the applicability of recent revisions to the VA Schedule for Rating Disabilities.
The deciding factor: The RO must adjudicate the veteran's claim for an evaluation in excess of 40 percent for low back pain before considering his TDIU claim.
- Claimed conditions
- Low back pain, history of lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2004
- Citation
- 0408328
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 0408328.
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.
- Partly granted
The Board granted service connection for low back pain and right hip pain as secondary to the Veteran's service-connected right knee disability, a 30 percent rating for migraine headaches from January 22, 2023, but denied increased ratings for dermatitis and allergic rhinitis.
- Partly granted
The Board granted service connection for low back pain and migraines, effective October 1, 2019. The claim for sciatic nerve pain was remanded.
- Partly granted
The Board granted service connection for DMII and PN due to diabetes, but denied service connection for low back pain.
- Remanded (sent back)
The Board remands the claims for service connection for low back pain, left shoulder osteoarthritis, right shoulder rotator cuff, right bicep tendonitis, left bicep tendonitis, obstructive sleep apnea, and Meniere's Syndrome (vertigo) to address duty-to-assist errors.
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