The Board has remanded the case due to changes in rating criteria and the need for additional medical records.
The deciding factor: Changes in VA regulations require review of the claim under new criteria, and additional evidence is needed from the appellant's treatment provider at Flushing Medical Center.
- Claimed conditions
- herniated intervertebral disc, L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 6, 2004
- Citation
- 0421630
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 0421630.
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.
- Dismissed
The veteran's appeal for an increased evaluation of his service-connected herniated intervertebral disc, L5-S1 was dismissed due to the death of the veteran.
- Denied
The veteran's claim for an increased evaluation for his service-connected herniated intervertebral disc, L5-S1 was denied by the Board. The evidence did not show pronounced intervertebral disc syndrome or unfavorable ankylosis of the entire thoracolumbar spine.
- Denied
The veteran's service-connected herniated intervertebral disc of L5-S1 is currently rated at 40 percent, but the evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.
- 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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