The veteran's appeal is being remanded due to the RO not providing a Statement of the Case subsequent to his August 1982 Notice of Disagreement until March 2002, and considering evidence prior to October 1999.
The deciding factor: VA failed to provide an adequate summary of the relevant evidence in its March 2002 Statement of the Case and May 2005 Supplemental Statement of the Case.
- Claimed conditions
- chondromalacia, right patella, degenerative joint disease, chronic low back pain, residuals of an injury to the right middle finger with amputation of the tip of the finger
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 22, 2007
- Citation
- 0705145
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 0705145.
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.
- Denied
The Veteran's claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
- Denied
The Board denied an increased rating for the Veteran's lumbar spine disability, finding that there was no evidence of unfavorable ankylosis and thus not warranting a higher rating.
- Granted
The Board has determined that the Veteran's chronic low back pain was incurred in service and continues to this day, granting her claim for service connection.
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