The Veteran's claims for increased ratings for his low back disability, acquired equinus of both feet, and radiculopathy of the right lower extremity are being remanded due to a lack of recent VA examination records and potential need for further development.
The deciding factor: The Veteran has not been examined by VA in over four years, which may affect the current state of his disabilities. Further examination is needed to assess the severity of these conditions.
- Claimed conditions
- acquired equinus of both feet, radiculopathy of the right lower extremity, low back disability, degenerative disc and joint disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2010
- Citation
- 1048094
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 1048094.
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 Board has dismissed all service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
- Remanded (sent back)
The Board has remanded the claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to a failure to provide adequate reasons or bases in the November 2024 decision as to whether the pre-decisional duty to assist had been satisfied.
- Remanded (sent back)
The Board has determined that the AOJ's decision denying eligibility for the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is not supported by adequate reasoning and must be remanded to allow for a thorough review, including obtaining medical opinions on whether it is in the best interest of the Veteran to participate in the PCAFC program.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for radiculopathy of the right and left lower extremities due to conflicting information in the VA-contracted examination report, which requires clarification on the current severity of the service-connected disabilities without considering diabetic neuropathy. The Veteran is not service-connected for diabetic neuropathy.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.