The veteran's appeal is being remanded to the RO for further development, including obtaining SSA records and scheduling a VA examination. The claims will be adjudicated based on the new criteria effective September 26, 2003.
The deciding factor: The case requires additional evidence and development due to the need for updated medical records and consideration of the revised rating criteria.
- Claimed conditions
- Traumatic arthritis of the lumbar spine, Cervical spine disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 1, 2004
- Citation
- 0417699
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 0417699.
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.
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The Veteran's claim for an earlier effective date for PTSD is denied, and their lumbar spine disability remains at a 40 percent rating. The appeal to reopen the depressive disorder claim is dismissed.
- Remanded (sent back)
The Veteran's appeal is remanded for further development and readjudication due to the need for additional VA examinations, as well as consideration of extraschedular TDIU.
- Remanded (sent back)
The Veteran's claims for earlier effective dates and increased disability ratings are being remanded due to the need for additional medical examination. The TDIU claim is also inextricably intertwined with other issues.
- Remanded (sent back)
The Board has remanded the issue of a rating in excess of 10 percent for bilateral hearing loss from January 31, 2012, to June 14, 2018. The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment effective February 14, 2007.
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