The Veteran's appeal is being remanded for further development, including obtaining SSA disability determination records and considering extra-schedular evaluations.
The deciding factor: The case was not about service connection at all, so no specific service connection theory applies. The appeal is being remanded due to the need for additional evidence and consideration of extra-schedular evaluations.
- Claimed conditions
- lumbar spine disorder, radiculopathy of the left lower extremity, radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2010
- Citation
- 1003171
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 1003171.
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 appeal regarding the proposed reduction of the Veteran's disability rating for radiculopathy of the left lower extremity was dismissed as it was not a final decision. The Board also remanded the claim for service connection for a left hip disability due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a need for additional development, including obtaining medical opinions and updated VA treatment records.
- Dismissed
The Veteran withdrew his claims for service connection for a lumbar spine disorder, diabetes mellitus, and bilateral diabetic neuropathy.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a procedural error regarding notice of the right to a pre-decisional hearing.
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