The Veteran's claims for initial noncompensable rating for scar of the right flank and a rating in excess of 10 percent for lumbosacral strain are being remanded due to procedural issues.
The deciding factor: The February 28, 2011, rating decision did not constitute a final and binding decision with respect to the claim for initially assigned rating for the service-connected scar. The October 9, 1973, and October 2, 1975, rating decisions denying ratings in excess of 10 percent for lumbosacral strain were not clearly and unmistakably erroneous.
- Claimed conditions
- Scar of the Right Flank, Status Post Muscle Graft Right Latissimus Dorsi Muscle Group II, Lumbosacral Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2018
- Citation
- 18142319
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 18142319.
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.
- Dismissed
The Veteran's appeals for higher ratings on several conditions have been dismissed due to the Veteran withdrawing his appeals.,The Board has not assigned a specific rating or effective date as the claims are being remanded.
- Remanded (sent back)
The Board has found a pre-decisional error in the denial of the Veteran's request to change his vocational rehabilitation goal from diesel technology to obtaining a music degree. The case is being remanded for further evaluation and consideration.
- Granted
The Veteran's claims for service connection and increased ratings have been granted, with effective dates set at October 18, 2023. The lumbosacral strain has also received a higher initial rating.
- Remanded (sent back)
The Veteran's claims for service connection are being remanded due to the need for further medical examinations and evaluations. The issues include psychiatric disabilities, lumbosacral strain, plantar fasciitis, rheumatoid arthritis, prostate disability, erectile dysfunction, hearing loss, nasal disability, and pulmonary disability.
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