The veteran's claims for initial ratings in excess of 10% for thoracolumbar spine degenerative disc disease and a compensable rating for residual scrotal vasectomy scars are being remanded to the RO via the Appeals Management Center (AMC) due to the need for additional development.
The deciding factor: The claims must be remanded to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and its implementing regulations, specifically regarding the acquisition of SSA records that may be pertinent to the veteran's claims.
- Claimed conditions
- thoracolumbar spine degenerative disc disease, residual scrotal vasectomy scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2008
- Citation
- 0811203
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 remands the issue of entitlement to an evaluation in excess of 20 percent for thoracolumbar spine degenerative disc disease due to a duty to assist error.
- Denied
The Board denied service connection for thoracolumbar spine degenerative disc disease, and found that new and relevant evidence had not been received to readjudicate the claims for left and right lower extremity stent placements in femoral arteries.
- Dismissed
The appeals for higher ratings of thoracolumbar spine degenerative disc disease and cervical spine degenerative joint disease were dismissed due to the Veteran's death.
- Denied
The Board denied an increased disability rating for the veteran's service-connected thoracolumbar spine degenerative disc disease, finding that the criteria for a higher rating were not met.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.