The veteran's claim for an earlier effective date for a 40 percent rating for lumbosacral injury is being remanded due to the need for compliance with VCAA requirements.
The deciding factor: The case requires additional development and notification in accordance with the Veterans Claims Assistance Act of 2000 (VCAA).
- Claimed conditions
- lumbosacral injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2006
- Citation
- 0601454
Veterans Law Judge
Decisions by this judge: 2,435 · Granted: 22% (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 0601454.
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 claim for increased ratings for residuals of lumbar injury and radiculopathy of the lower extremities has been granted. The Veteran is currently rated 10% for both right and left lower extremity radiculopathy, effective January 11, 2010.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and providing the Veteran with VA examinations to assess her service-connected disabilities.
- Denied
The Veteran's service-connected residuals of a lumbosacral injury, which is rated at 40 percent, does not meet the criteria for an extraschedular rating due to lack of evidence showing marked interference with employment or frequent hospitalization.
- Denied
The Veteran's service-connected residuals of lumbosacral injury have been rated at 20 percent since the effective date of service connection. The current range of motion does not meet the criteria for a higher rating under the applicable VA rating schedule.
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