The Board remands the claim for additional development, including VCAA notice, obtaining VA medical records from El Paso, Texas, and scheduling a new VA examination.
The deciding factor: The veteran's lumbar spine disability has potentially worsened since the last examination, and there is a need to clarify whether certain conditions are part of his service-connected disability.
- Claimed conditions
- chronic lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 21, 2008
- Citation
- 0809659
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 appeal for a disability rating in excess of 20 percent for chronic lumbosacral strain and service connection for right leg condition was dismissed due to an impermissible concurrent election of review options.
- Remanded (sent back)
The Board remands the claims for a higher rating for chronic lumbosacral strain and service connection for cervical, left ankle, right ankle, right shoulder, and left shoulder conditions to ensure compliance with due process.
- Partly granted
The Board granted service connection for chronic lumbosacral strain and denied service connection for left knee, right knee, left shoulder, right shoulder, and right ear hearing loss conditions.
- Granted
The Board granted revision of the January 2007 rating decision based on clear and unmistakable error (CUE) to reflect a 10 percent disability rating for service-connected chronic lumbosacral strain, effective March 30, 2004.
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