The veteran's claim for an increased rating for his service-connected low back disability is being remanded due to incomplete records and the need to apply revised criteria for evaluating spine disabilities.
The deciding factor: Incomplete medical records and the need to apply new VA guidelines for evaluating spinal conditions have been identified as reasons for remanding the case.
- Claimed conditions
- Low back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2004
- Citation
- 0428134
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 0428134.
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 Board found that the Veteran does not meet the criteria for eligibility in the PCAFC program due to insufficient evidence showing a need for personal care services, and thus denied the appeal.
- Granted
The Board has determined that the Veteran's back condition is related to his service-connected left knee replacement residuals and grants service connection for this secondary condition.
- Denied
The Board has denied the appellant's claims for service connection for treatment purposes only under 38 USC Chapter 17 for a disability of the spine and migraine headaches, as there is no evidence to support a nexus between these conditions and his military service.
- Remanded (sent back)
The Board has remanded the claim for service connection of low back pain due to a motor vehicle accident during service. The Veteran's lay statements and a buddy statement support his assertion that his back pain began after the 1982 motor vehicle accident. However, both VA examiners provided opinions that were inadequate as they did not consider these statements.
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