The Veteran's appeal is remanded due to the failure of the RO to provide a summary of applicable laws and regulations, with appropriate citations, and a discussion of how these affected the propriety of reducing his lumbar myalgias evaluation from 40 percent to 20 percent effective February 1, 2007. The issue of an increased evaluation for lumbar myalgias is inextricably intertwined with this reduction.
The deciding factor: The RO failed to provide a summary of applicable laws and regulations regarding the propriety of reducing the Veteran's lumbar myalgias evaluation from 40 percent to 20 percent effective February 1, 2007.
- Claimed conditions
- lumbar myalgias
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 30, 2009
- Citation
- 0948981
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 0948981.
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.
- Dismissed
The Veteran's claim to restore the disability rating for lumbar myalgias secondary to spinal block was dismissed as it has been fully granted in a prior decision.,The Veteran's claim of an initial compensable disability rating for a left knee scar was withdrawn and dismissed.
- Granted
The Board found that the reduction of disability ratings for lumbar myalgias and left ankle disability from 40% to 20% effective August 1, 2018 was proper based on sustained improvement in symptoms.
- Granted
The Veteran's low back disorder, manifested by lumbar myalgias secondary to spinal block, is currently evaluated at 20 percent and the Board finds that a higher evaluation of 40 percent is warranted.
- 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.
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