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
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.
- Partly granted
The Board granted service connection for degenerative arthritis of the lumbar spine, left shoulder, and bilateral plantar fasciitis. The appeal was also granted to reopen a claim for service connection for bilateral hip disability.
- Dismissed
The Veteran withdrew his appeal for special monthly compensation based on the need for aid and attendance due to service-connected conditions.
- Remanded (sent back)
The Board remands the claims for service connection for chronic lymphocytic leukemia, degenerative arthritis of the lumbar spine, hypertension, and migraine headaches to correct pre-decisional duty to assist errors.
- Dismissed
The Veteran withdrew all appeals in the 220823-484193 docket prior to the Board's consideration.
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