The veteran's appeal is remanded due to the need for a new VA examination and consideration of both old and new rating criteria. The issue of entitlement to a temporary total rating based on convalescence from low back surgery performed in September 2005 has also been raised.
The deciding factor: The case requires further evaluation under both old and new rating criteria due to changes in the spine disability rating schedule effective from September 23, 2002, and September 26, 2003.
- Claimed conditions
- intervertebral disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 17, 2007
- Citation
- 0714763
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 0714763.
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 has remanded the issues of entitlement to a rating in excess of 20 percent for intervertebral disc disease of the lumbar spine prior to June 19, 2024 and entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) due to incomplete development.
- Dismissed
The Veteran's appeals for increased ratings for intervertebral disc disease of the lumbar spine and TDIU were dismissed due to his death.
- Remanded (sent back)
The Veteran's service-connected disabilities render him unable to obtain and maintain substantially gainful employment, but the Board is remanded for further development including consideration of a TDIU on an extraschedular basis.
- Granted
The Veteran's initial rating for intervertebral disc disease of the lumbar spine was granted at a 20 percent level, effective prior to August 19, 2021. The appeal is remanded for further development.
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