The Board has determined that a remand is necessary to ensure the veteran's claims are evaluated under both the previous and revised rating criteria for his service-connected low back and right ankle disabilities, as amended in September 2002 and September 2003. The RO must also obtain any outstanding medical records and schedule the veteran for appropriate VA examinations.
The deciding factor: The changes to the rating criteria for evaluating diseases and injuries of the spine took place in September 2002 and September 2003, which necessitates a remand to ensure that both sets of criteria are considered.
- Claimed conditions
- degenerative arthritis of the lumbar spine, residuals of a fracture of the right tibia and fibula with ankle disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2006
- Citation
- 0614125
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (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 0614125.
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.
- Dismissed
The Veteran's appeals for a higher rating, compensable rating, and extension of temporary total evaluation for his lumbar spine disability have been dismissed due to the Veteran withdrawing all claims in April 2022.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
- Granted
The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine and associated radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a total rating based on individual unemployability (TDIU) effective October 23, 2024.
- Dismissed
The Veteran's appeal for service connection for bowel and/or bladder disability, as well as other claims related to his spine and knee conditions, has been dismissed due to the death of the Veteran. The Board does not have jurisdiction to adjudicate these matters.
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