The Veteran's claim for service connection for post-operative residuals of herniated nucleus pulposus is being remanded due to insufficient VCAA notice and procedural issues.
The deciding factor: The decision was not able to be finalized without providing the Veteran with proper VCAA notification regarding his request to reopen his claim.
- Claimed conditions
- post-operative residuals of herniated nucleus pulposus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 25, 2010
- Citation
- 1031926
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 1031926.
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 post-operative residuals of herniated nucleus pulposus meets the percentage requirements for a TDIU, and the collective lay and medical evidence on the question of whether the Veteran's service-connected disability prevents from obtaining and retaining substantially gainful employment is in relative equipoise. The Board resolves all doubt in favor of the Veteran.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
- Granted
The Veteran's claim for service connection of a left leg disability is reopened, and the appeal is granted.
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