The Board has determined that additional development is needed to properly evaluate the veteran's service-connected herniated nucleus pulposus of the lumbosacral spine and his claim for a total rating for individual unemployability due to service-connected disability. The case will be remanded to obtain relevant medical records, arrange for an appropriate VA examination, and review the claims file to ensure compliance with all VCAA requirements.
The deciding factor: The veteran's HNP of the lumbosacral spine has not yet been rated under the most recent revisions of the rating code by the agency of original jurisdiction. Additionally, there are outstanding medical records that need to be obtained and reviewed before a proper evaluation can be made.
- Claimed conditions
- Herniated nucleus pulposus of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2004
- Citation
- 0414998
Veterans Law Judge
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 0414998.
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.
- Denied
The Veteran's claims for increased ratings for his lumbosacral spine and right knee conditions have been denied. The lumbosacral spine condition is rated at 10 percent, effective from August 26, 2008 to July 25, 2018, and the right knee condition remains rated at 10 percent.
- Granted
The Veteran's lumbar spine disability has been rated at 10 percent prior to August 19, 2010 and at 20 percent from August 19, 2010 to August 4, 2015. The right knee strain has been rated at 10 percent.
- Denied
The Board finds that the veteran's service-connected herniated nucleus pulposus of the lumbosacral spine does not warrant a disability rating in excess of 40 percent, as he does not have evidence of severe impairment resulting from recurring attacks with only intermittent relief.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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