The veteran's claim for an increased rating for his service-connected lumbosacral spine disability is being remanded due to the need for a new VA examination and compliance with Vazquez-Flores v. Peake, which requires specific notice regarding the criteria for increased ratings.
The deciding factor: The case must be remanded because of the need for a new VA examination and to ensure compliance with Vazquez-Flores v. Peake, which mandates proper notice regarding rating criteria and evidence needed to support an increased disability rating claim.
- Claimed conditions
- multilevel degenerative disc disease with posterior disc protrusion and associated spinal stenosis of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2008
- Citation
- 0835282
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 0835282.
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
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