The Board has remanded the case due to inadequate VCAA notice and further development is required.
The deciding factor: The decision was not explicitly made on service connection, but rather on increased disability ratings for existing conditions. The appeal must be returned for proper procedural steps as mandated by the Veterans Claims Assistance Act of 2000 (VCAA).
- Claimed conditions
- central disc herniation at L4-5, central disc herniation at L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2008
- Citation
- 0807684
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 0807684.
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.
- Granted
The Veteran's annual clothing allowance based on static qualifying disability is restored due to the continued use of a prescribed hinged knee brace and topical ointments that cause damage to his clothing.
- Denied
The Board has determined that the veteran's lumbosacral strain with central disc herniation at L5-S1 does not warrant an evaluation in excess of 20 percent.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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