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.
- Partly granted
The Board denied the veteran's claims for increased ratings and service connection, except for a 20 percent rating for lumbosacral strain.
- Partly granted
The Board granted an increased evaluation of 70 percent for the service-connected posttraumatic stress disorder (PTSD), but remanded other issues for further development.
- Denied
The Board denied increased ratings for posttraumatic stress disorder with substance abuse and a rating in excess of 10 percent for lumbosacral strain.
- Partly granted
The Board denied service connection for sinusitis and a right hip disorder but granted a rating of 40 percent for lumbosacral strain effective from February 7, 2024.
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