The veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at the Los Angeles, California RO. The issues of whether new and material evidence has been received to reopen a claim for service connection for lumbosacral strain with limitation of motion of the lumbar spine, entitlement to service connection for depression, entitlement to service connection for PTSD, and entitlement to service connection for diabetes mellitus, type II are pending.
The deciding factor: The veteran failed to appear at his originally scheduled hearing before the Board. Good cause was shown for both the failure to request a postponement and the failure to attend the hearing due to illness. A new hearing is required.
- Claimed conditions
- lumbosacral strain with limitation of motion of the lumbar spine, depression, post-traumatic stress disorder (PTSD), diabetes mellitus, type II
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 27, 2007
- Citation
- 0730413
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 0730413.
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 case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Granted
The Veteran's depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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