The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his radiculopathy of the right and left lower extremities. The claim will be reconsidered after this additional development.
The deciding factor: The decision was based on the lack of evidence showing that the current radiculopathy had its onset during service, as in-service back complaints were acute and transitory with no chronic residuals resulting.
- Claimed conditions
- herniated nucleus pulposus, radiculopathy of the right and left lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2010
- Citation
- 1039381
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 1039381.
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 claim for a clothing allowance in 2020 was denied because shoes, which are not classified as articles of clothing by VA, were used due to service-connected disabilities. The Board found that the use of open-back shoes did not qualify under the criteria set forth in 38 C.F.R. § 3.810(a).
- Remanded (sent back)
The Board remanded all issues for further development and examination. The Veteran's claims involve various ratings for service-connected disabilities related to the lumbar spine, lower extremities, and knees.
- Granted
The Veteran's service-connected disabilities, including lumbar radiculopathy, low back pain, spinal stenosis, and bipolar disorder, require regular aid and attendance. The Board has granted entitlement to special monthly compensation based on the need for regular aid and attendance.
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