The Veteran's appeal is being remanded for scheduling a videoconference hearing before the Board of Veterans' Appeals. The issues include seeking increased disability ratings, reopening service connection claims, and TDIU.
The deciding factor: The Veteran requested a postponement of his personal hearing in favor of a video conference due to preparation needs.
- Claimed conditions
- low back pain with sciatica, scoliosis with double primary thoracic curvature and compensatory cervical and lumbar curves
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 27, 2012
- Citation
- 1226043
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 1226043.
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's sinus condition was not caused or aggravated by active military service.,New and material evidence has been submitted to reopen the claim for low back pain with sciatica, but it is not etiologically related to service.,CTS of the left upper extremity was not caused or aggravated by active military service or a service-connected disability.,Evidence received since the May 2007 rating decision raises a reasonable possibility of substantiating the claim for diabetes mellitus; however, the Veteran's COPD is not etiologically related to service.,New and material evidence has been submitted to reopen the claim for hypertension. The evidence does not show that this condition was caused or aggravated by service-connected PTSD.,Fibromyalgia was not caused or aggravated by active military service.,The Veteran's application to reopen his previously denied claim for ureaplasma urealyticum (to include infertility, low sperm count, and low testosterone) has not been supported by new and material evidence.
- Granted
The Veteran's low back disability is rated at 40 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine. The other claims are not addressed in this decision.
- Remanded (sent back)
The veteran is seeking a higher rating for his service-connected low back disability, which currently results in a 40 percent evaluation. The Board has determined that additional development of the claim is required due to missing VA and private treatment records, as well as incomplete VCAA notice.
- Remanded (sent back)
The veteran's claim for a higher initial evaluation for his service-connected low back pain with sciatica is being remanded due to the need for additional evidence and development.
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