The case is being remanded for additional VA treatment records, a neurology evaluation, and consideration of amended rating criteria.
The deciding factor: The Board requested an electromyogram (EMG) and nerve conduction studies to determine the severity of the veteran's service-connected lumbar disc disease with radicular symptoms. The EMG and nerve conduction studies have not been completed as required by the remand order.
- Claimed conditions
- lumbosacral strain with osteoarthritis, left lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2004
- Citation
- 0427602
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 0427602.
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 was dismissed due to their death during the pendency of the appeal.
- Denied
The Board denied service connection for right and left lumbar radiculopathy as the underlying primary low back disability is not an adjudicated service-connected condition.
- Remanded (sent back)
The Veteran's claims for service connection for sleep apnea, transient global amnesia, tinnitus, and PTSD have been denied. The Board has found that there is no competent evidence of these conditions during the pendency of the claim.,For the lumbar spine disability, the Veteran was granted service connection but a higher rating remains in dispute.
- Denied
The Board denied service connection for chronic sinusitis, fibromyalgia, and CFS. The Veteran's hearing loss, lumbar spine disability, radiculopathy, shoulder disability, knee meniscal tear, knee limitation of extension, knee scars, GERD, allergic rhinitis, asthma, and PTSD were also not rated higher than their current levels.
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