The veteran's appeal is being remanded for further evaluation of his service-connected lumbosacral strain, including consideration of the new regulatory criteria for evaluating disorders of the spine. The AMC will also ensure that VCAA examination and medical opinion requirements are met as to this issue.
The deciding factor: The case is being remanded due to potential prejudice to the veteran if the RO does not consider the revised rating criteria in the first instance, and because there may be potential changes in the extent and severity of his service-connected back disorder based on new regulatory criteria for evaluating disorders of the spine.
- Claimed conditions
- lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2004
- Citation
- 0428204
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 0428204.
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 connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Dismissed
The Veteran withdrew their appeal for service connection of a lumbosacral strain, resulting in the dismissal of this issue.
- Granted
The Board has granted service connection for the Veteran's lumbosacral strain with degenerative arthritis, finding that it is related to his in-service injury. The claimant did not contest this decision.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
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