The veteran's appeal is being remanded due to the claims folder missing all evidence concerning the de-accreditation of Richard A. LaPointe, still listed as the claimant's representative. The RO must notify the veteran and provide a period of thirty days to select alternative representation or represent himself. Additional development may be required for the issues of increased rating for traumatic arthritis with degenerative disc disease, L4-5 and L5-S1, with limitation of motion of the lumbar spine; entitlement to an effective date prior to February 5, 2003, for a grant of service connection for incomplete paralysis of the left lower extremity; and what evaluation is warranted for incomplete paralysis of the left lower extremity from February 5, 2003.
The deciding factor: The claims folder was missing all evidence concerning the de-accreditation of Richard A. LaPointe, still listed as the claimant's representative. The RO must notify the veteran and provide a period of thirty days to select alternative representation or represent himself. Additional development may be required for the issues of increased rating for traumatic arthritis with degenerative disc disease, L4-5 and L5-S1, with limitation of motion of the lumbar spine; entitlement to an effective date prior to February 5, 2003, for a grant of service connection for incomplete paralysis of the left lower extremity; and what evaluation is warranted for incomplete paralysis of the left lower extremity from February 5, 2003.
- Claimed conditions
- traumatic arthritis with degenerative disc disease, L4-5 and L5-S1, with limitation of motion of the lumbar spine, incomplete paralysis of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2008
- Citation
- 0801075
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 0801075.
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
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