The veteran's claims for service connection are being remanded to schedule a VA orthopedic examination and ensure all notification requirements under the Veterans Claims Assistance Act of 2000 have been met.
The deciding factor: The current evidence is insufficient to determine whether the veteran's hip, leg, or leg cramps disabilities are related to his service-connected degenerative disease of the lumbar spine or any other in-service event.
- Claimed conditions
- chronic right hip disability, right leg disability, leg cramps
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2004
- Citation
- 0428949
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 0428949.
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 HTN, left ankle disability, right ankle disability, gout, and right leg disability are all granted.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for left and right leg disabilities due to a pre-decisional duty to assist error. The Veteran is required to undergo VA examinations to determine if any current left or right leg disabilities are related to active service.
- Dismissed
The appeal for a rating in excess of 50 percent for bilateral pes planus is dismissed. Service connection for right knee disability as secondary to service-connected bilateral pes planus is granted, and the appeals for neck disability and right leg disability as secondary to service-connected bilateral pes planus are remanded.
- Granted
The Board has granted service connection for tinnitus and denied service connection for hearing loss, back disability, right shoulder disability, left shoulder disability, right knee disability, right leg disability, right hip disability, and left hip disability. The Veteran's tinnitus is found to be related to in-service noise exposure, while his other disabilities are not linked to service.
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