The Board has remanded the case for further development, including obtaining VA treatment records and providing notice compliant with VCAA requirements.
The deciding factor: The Joint Motion for Remand required that all relevant VA treatment records be obtained as well as compliance with current VCAA notice obligations.
- Claimed conditions
- herniated nucleus pulposus, L4-L5, fibromyositis, lumbosacral paravertebral muscles
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2008
- Citation
- 0803301
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 0803301.
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.
- Dismissed
The Veteran withdrew his appeal for increased rating claims related to multiple conditions, including herniated nucleus pulposus of the cervical spine, fibromyositis, and various nerve-related issues. The Board dismissed these claims as a result.
- Remanded (sent back)
The Board remands the claim for service connection for muscle and joint pain, to include fibromyalgia, due to a duty to assist error that occurred prior to the March 2024 rating decision.
- Dismissed
The Veteran withdrew his appeal for a higher disability rating for fibromyositis and lumbar spine, so the case is dismissed.
- Remanded (sent back)
The Board has remanded the claims for rheumatoid arthritis, fibromyalgia/fibromyositis, Lyme disease, Guillain-Barre syndrome, and osteoporosis due to inadequate VA medical opinions that did not comply with the Board's instructions.
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