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
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.
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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.
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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.
- Denied
The Board denied service connection for an abdominal disorder, a low back disorder, and bipolar disorder as there was no evidence of a nexus between the veteran's current conditions and her military service.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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