The veteran's claim for an increased evaluation for his service-connected degenerative disc disease of the lumbar spine is being remanded due to incomplete medical records and need for a new VA examination.
The deciding factor: Incomplete medical records, including recent treatment records from the VA Medical Center in Decatur, Georgia, and additional relevant VA outpatient treatment records, have been identified as necessary for proper evaluation. The veteran also needs a new VA spine examination to address the criteria set forth in the amended rating criteria.
- Claimed conditions
- degenerative disc disease of the lumbar spine status post laminectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 27, 2004
- Citation
- 0426732
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 0426732.
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 Veteran's service-connected disabilities are so severe as to preclude him from obtaining or maintaining employment, physical or sedentary, which could be considered substantially gainful versus just marginal in comparison when realizing his level of education, prior work experience and training.
- Granted
The Board has granted service connection for lumbosacral strain and denied service connection for degenerative disc disease of the lumbar spine status post laminectomy. The right ankle disorder (claimed as Achilles tendonitis) is not currently addressed in this decision.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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