The Board has remanded the case for additional development due to failure to provide appropriate notice of the Veterans Claims Assistance Act of 2000 (VCAA) and obtain pertinent VA medical records.
The deciding factor: The VCAA mandates that veterans are provided with proper notice regarding their rights and responsibilities, including what evidence they must provide and what VA will obtain on their behalf. Additionally, all relevant evidence must be secured for the examination and opinion to be valid.
- Claimed conditions
- herniated disc
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2004
- Citation
- 0408563
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 0408563.
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 granted service connection for lumbosacral strain, herniated disc, and lumbar radiculopathy as secondary to the Veteran's service-connected bilateral foot hammer toes with callousing and hallux valgus.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
- Partly granted
The Board granted service connection for an anxiety condition and remanded the claims for sciatica and herniated disc evaluation.
- Remanded (sent back)
The Board remands the claims for service connection for cervical radiculopathy, herniated disc, and spinal stenosis to obtain VA examinations to determine their nature and etiologies.
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