The Veteran's claim for a higher disability evaluation for her herniated nucleus pulposus with lumbosacral strain is being remanded due to the need for additional medical examination and development of records.
The deciding factor: The November 2005 VA spine examination report may be inadequate as it was nearly 5 years old, potentially too remote in time to portray the current nature, extent, and severity of her disability.
- Claimed conditions
- herniated nucleus pulposus with lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2010
- Citation
- 1041899
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 1041899.
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 disability rating for herniated nucleus pulposus with lumbosacral strain was reduced from 60% to 10%, effective June 1, 1999. The Board has restored the original 60% rating.
- Remanded (sent back)
The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and an addendum opinion from the April 2015 VA examiner regarding bedrest prescribed for her service-connected HNP with lumbosacral strain.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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