The veteran's appeal is being remanded due to the need for additional consideration of his claim by the RO, including the recent treatment reports from the Phoenix VAMC.
The deciding factor: The veteran provided additional evidence that was not initially considered by the RO and needs to be reviewed in conjunction with the existing record.
- Claimed conditions
- low back strain with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 28, 2004
- Citation
- 0426980
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 0426980.
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 death was not service-connected, and the appellant seeks DIC benefits under 38 U.S.C.A. § 1318. The Board found that the Veteran did not meet the durational requirement for a total disability rating at the time of his death, nor would he have been in receipt of such compensation due to clear and unmistakable error (CUE) in prior decisions. Therefore, DIC benefits were denied.
- Granted
The veteran's service-connected disabilities, including low back strain with radiculopathy and depressive disorder, are found to be sufficient by themselves to preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his education and occupational background. Therefore, the claim for a TDIU is granted.
- Denied
The veteran's low back strain with radiculopathy is currently rated at 20 percent, but the Board finds that this rating does not meet the criteria for a higher disability evaluation.
- Remanded (sent back)
The veteran's case is being remanded for further examination and evaluation of his service-connected low back strain with radiculopathy, as the current medical evidence does not provide sufficient information to determine the degree of disability caused by this condition.
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