The veteran's claim for an increased rating for his lumbar laminectomy residuals is being remanded due to the need for updated medical records and a VA examination. The criteria for evaluating spine disorders have been amended, so these changes should be considered in the decision.
The deciding factor: The case requires additional development including obtaining updated medical records and scheduling a VA examination to evaluate the veteran's lumbar laminectomy residuals.
- Claimed conditions
- lumbar laminectomy residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2004
- Citation
- 0429819
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 0429819.
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.
- Remanded (sent back)
The Veteran's claims for increased ratings and a TDIU are being remanded due to the need for additional VA treatment records and information regarding his employment status.
- Remanded (sent back)
The Veteran's TDIU claim is remanded to verify his last date of gainful employment and determine if an extraschedular TDIU was warranted for the period from that date to June 23, 2008.,From July 1, 2009 to September 30, 2011, a TDIU is granted.
- Denied
The Veteran's claim for a rating in excess of 60 percent for residuals of lumbar laminectomy prior to December 5, 2014 and from April 1, 2015 was denied. The Board found that the preponderance of evidence did not support a higher rating under the General Rating Formula. For TDIU claim, the Veteran's combined disability rating is at least 70 percent, meeting the threshold requirements for an award of TDIU. The Board granted TDIU based on the Veteran's service-connected disabilities significantly limiting his ability to secure or maintain substantially gainful employment.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.