The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for lumbosacral radiculopathy allegedly caused by VA treatment, but the claim must be remanded due to insufficient evidence and missing records.
The deciding factor: The decision requires additional medical examination and review of all relevant records to determine if the Veteran's condition is related to VA treatment or not.
- Claimed conditions
- lumbosacral radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2009
- Citation
- 0941248
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 0941248.
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 need for the regular aid and attendance of another person was determined due to his service-connected disabilities, leading to a grant of special monthly compensation (SMC) based on the need for aid and attendance for accrued benefits purposes.
- Denied
The Veteran's claims for TDIU and DEA were denied as there was no factual basis to grant earlier effective dates prior to July 25, 2022.
- Denied
The Veteran's TDIU claim was denied as he did not return the required VA Form 21-8940 and there is no credible evidence showing he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.
- Denied
The Veteran's lumbosacral radiculopathy of the right lower extremity is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted based on the evidence.
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