The Board has vacated its previous decision and remanded the case for further development, including obtaining additional service medical records and providing a new VA examination to determine if there is a relationship between active service and the veteran's claimed neck and low back injury residuals.
The deciding factor: The Court ordered the case remanded due to inadequate notification and claim development assistance.
- Claimed conditions
- neck injury residuals, low back injury residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2004
- Citation
- 0428454
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 0428454.
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 TDIU claim was granted in October 2019 based on his PTSD, neck injury residuals, and right upper extremity radiculopathy. The rating assigned is 70 percent for PTSD.
- Remanded (sent back)
The Board has remanded the case due to inadequate examination and new evidence is needed to determine if the Veteran's lumbar spine disability, including low back injury residuals, is related to her service or a service-connected condition.
- Dismissed
The Board has dismissed the appeals for service connection and compensation under 38 U.S.C. 1151 for various disabilities, as well as a compensable rating for alopecia scarring.
- Granted
The Veteran's service-connected disabilities (insomnia, low back injury residuals, right upper extremity radiculopathy, cervical spine injury residuals, and tinnitus) meet the criteria for a total rating for compensation purposes based on individual unemployability due to service connected disabilities. The Veteran is also eligible for TDIU benefits.
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