The veteran's appeal is being remanded for further development, including obtaining medical examinations and records to evaluate his service-connected low back pain, hallux valgus with arthritis of the feet, and cubital tunnel syndrome of the elbows.
The deciding factor: The RO failed to conduct a thorough examination that addressed all relevant diagnostic criteria as required by DeLuca v. Brown (1995).
- Claimed conditions
- Mechanical low back pain with disc protrusion, Hallux valgus with arthritis of the right foot, Hallux valgus with arthritis of the left foot, Cubital tunnel syndrome of the right elbow, Cubital tunnel syndrome of the left elbow
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2005
- Citation
- 0500245
Veterans Law Judge
Decisions by this judge: 1,514 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0500245.
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 cubital tunnel syndrome of the left elbow is currently rated at 10 percent, and his right ear hearing loss is service connected. The Board finds that these ratings are appropriate based on the evidence provided.
- Granted
The Board has determined that the reduction of the ratings from 30 to 10 percent for cubital tunnel syndrome of the right elbow and from 20 to 10 percent for post-operative ulnar entrapment syndrome of the left elbow was not proper, and these reductions are void ab initio.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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.