The Board has remanded the Veteran's claim of service connection for lumbosacral strain/thoracic spine disability and his TDIU claim due to inadequate notice provided by VA. The claims are being returned for further development.
The deciding factor: The Joint Motion pointed out that VA failed to provide adequate pre-adjudication notice regarding what evidence is necessary to reopen the Veteran's previously denied service connection claim.
- Claimed conditions
- lumbosacral strain/thoracic spine disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 1, 2010
- Citation
- 1032965
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 1032965.
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.
- Denied
The Board denied the veteran's claims for service connection for bronchial disability and lumbosacral strain/thoracic spine disability, as well as his claim for TDIU due to lack of evidence supporting these claims. The veteran does not have any service-connected disabilities.
- 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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