The Board has remanded the Veteran's claims for an initial compensable rating prior to February 21, 2003, for service-connected valvular heart disease; a rating in excess of 20 percent for service-connected lumbar spine disability; and an initial rating in excess of 10 percent for service-connected right lower extremity radiculopathy. The AOJ is instructed to consider both the former (pre- January 12, 1998) and current (post- January 12, 1998) criteria for evaluating disabilities of the spine when readjudicating the initial rating assigned to the Veteran's valvular heart disease. The AOJ is also instructed to schedule a VA examination to assess the current nature and severity of the Veteran's service-connected lumbar spine disability and right lower extremity radiculopathy, and to issue a SOC addressing the Veteran's claim for an earlier effective date for his right lower extremity radiculopathy.
The deciding factor: The Board has determined that the criteria used to evaluate the Veteran’s service-connected disabilities need to be considered under both the former (pre- January 12, 1998) and current (post- January 12, 1998) rating criteria for evaluating disabilities of the spine.
- Claimed conditions
- valvular heart disease, lumbar spine disability, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2020
- Citation
- 20006879
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 20006879.
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 were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Denied
The Veteran's claims for increased ratings for valvular heart disease, peripheral vascular disease of the right and left legs, and hypertension were denied. The Board found that the evidence did not support higher ratings under the applicable rating criteria.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
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