The Board remands the issues of entitlement to service connection for an abdominal disorder and entitlement to an extraschedular evaluation for a service-connected low back strain with degenerative changes due to insufficient development and notice, as well as to provide additional evidence.
The deciding factor: The Court found that the appellant did not receive adequate VCAA notice in regards to his abdominal disorder claim; and that the Board's reasons and bases were insufficient on the basis that they failed to reconcile evidence indicating interference with employability. The case was remanded for proper development, including providing VCAA notice, obtaining relevant records, and scheduling a new examination.
- Claimed conditions
- abdominal disorder, low back strain with degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2008
- Citation
- 0816726
Veterans Law Judge
Decisions by this judge: 2,435 · Granted: 22% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0816726.
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.
- Partly granted
The appeal for service connection for left shoulder disability was granted in full, and the issues of entitlement to a rating higher than 10 percent for right hamstring tendonitis, left elbow bursitis, chronic left ankle sprain, and low back disability were denied or dismissed.
- Denied
The Board denied the veteran's claims for earlier effective dates, compensable ratings, and service connection for various conditions due to insufficient evidence of characteristic prostrating attacks for tension headaches, considerable impairment of health for GERD, a current disability for an abdominal disorder or gynecological disorder, and functional impairment for a right wrist disorder.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate VA examination and a need for further medical opinion regarding the nature and etiology of the Veteran's abdominal disorder.
- Remanded (sent back)
The Board has remanded the claims of service connection for diabetes mellitus type II, liver disorder, abdominal disorder, and right foot disorder due to a lack of sufficient opinion regarding the etiology of these conditions. The Veteran's service-connected depression, lumbar spine disability, and right knee disability are alleged to have contributed to obesity, which in turn caused his diagnosed conditions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.