The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected low back disability and determine if there are any associated neurologic abnormalities or incapacitating episodes. The case will be returned to the Board for further review.
The deciding factor: The need for a new VA examination was indicated due to an indication of increase in severity since the last evaluation, as per VAOPGCPREC 11-95 (1995).
- Claimed conditions
- intervertebral disc syndrome at L4-5 and L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2013
- Citation
- 1333446
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 1333446.
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 cervical strain and IVDS at L4-5 and L5-S1 were rated based on their severity. Prior to January 26, 2005, the Veteran was granted a rating of 10 percent for cervical strain. For the period after January 26, 2005, he is granted a 20 percent rating for cervical strain. The Veteran's IVDS at L4-5 and L5-S1 prior to September 26, 2003 was rated as 20 percent; however, after that date, the Veteran is not entitled to an increased rating.
- 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.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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