The Board has vacated the portion of its August 27, 2009 decision that addressed and remanded a claim for an initial evaluation in excess of 20 percent for low back disability. The other issues are not disturbed.
The deciding factor: The Board found that it did not have jurisdiction to address the issue of entitlement to an initial evaluation in excess of 20 percent for low back disability at the time of the August 27, 2009 decision and thus vacated this portion of the decision.
- Claimed conditions
- low back disability, right knee disability, left knee disability, chronic cervical strain with degenerative disc disease, posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 22, 2010
- Citation
- 1023288
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 1023288.
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 Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted a 50 percent rating for posttraumatic stress disorder (PTSD) and denied increased ratings for right shoulder impingement syndrome, hearing loss, painful scar, patellofemoral pain syndromes of the knees, and other conditions.
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