The veteran's claim for an increased evaluation of his service-connected gunshot wound to the lower lumbar region with damage to Muscle Group XX is being remanded due to concerns about the adequacy and comprehensiveness of a previous VA examination.
The deciding factor: The veteran requested additional evidence, specifically requesting a new VA examination as he felt the previous one was inadequate in addressing his disability and its progression.
- Claimed conditions
- Muscle Group XX
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2008
- Citation
- 0835148
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 0835148.
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.
- Granted
The Veteran's service-connected disabilities, including kidney disease (60%), COPD (30%), and other injuries, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU rating based on the combined evaluation of his service-connected conditions.
- Denied
The Board determined that the Veteran is entitled to a 20 percent rating for his service-connected injury to Muscle Group XX, but found no evidence of other muscle groups affected. The appeal was denied as there were not sufficient grounds to warrant an increased rating.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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