The RO has granted a 40 percent rating for service-connected myositis of the low back, effective April 17, 2002. The claim for an increased rating remains pending. Special monthly compensation and service connection for spinal stenosis are denied.
The deciding factor: The claims were remanded due to incomplete VCAA notice and need for a new VA examination.
- Claimed conditions
- myositis of the low back, spinal stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 13, 2006
- Citation
- 0620359
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 0620359.
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 Board remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Denied
The Board denied the Veteran's claim for a rating in excess of 40 percent for lumbosacral strain, finding that the evidence did not support a higher rating based on either incapacitating episodes or unfavorable ankylosis.
- Partly granted
The Board granted readjudication of the claim for service connection for a right hip disability, to include as secondary to a service-connected right knee disability, and denied an effective date prior to June 8, 2022, for the award of service connection for spinal stenosis, right lower extremity sciatic radiculopathy, and left lower extremity sciatic radiculopathy.
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