The Board has remanded the case for further development, including a VA examination and consideration of whether to refer the claim to the Director, Compensation and Pension Service for extra-schedular consideration.
The deciding factor: The decision is pending further review due to the need for additional evidence and analysis as per the Joint Motion and VCAA requirements.
- Claimed conditions
- low back pain with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 14, 2008
- Citation
- 0808730
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 0808730.
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 a compensable evaluation for onychomycosis bilateral great toes was granted. However, his attempt to reopen his low back disability claim was denied due to lack of new and material evidence.
- Granted
The Veteran's disability picture reasonably encompasses a variety of significant multi-system disabilities that render him more often than not unable to safely perform virtually all activities of daily living without regular assistance from another person, warranting the grant of SMP benefits based on the need for regular aid and attendance.
- Granted
The veteran's service-connected low back pain with radiculopathy is rated at the highest available rating of 40 percent, while her pes planus and headaches are each rated at their maximum allowable ratings. The total disability rating for TDIU was granted.
- 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.
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