The Veteran's appeal is being remanded for a new VA examination to assess the impact of his service-connected disabilities on his ability to work, and for updated treatment records.
The deciding factor: The most recent VA examination did not fully consider the Veteran's neuropathy and lumbar radiculopathy of the right lower extremity, which are now the most severely rated conditions. A new examination is needed to determine if these conditions prevent the Veteran from obtaining substantially gainful employment.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Peripheral neuropathy and lumbar radiculopathy of the right lower extremity, Residuals of a compound fracture of the right tibia and fibula with shortening, Type II diabetes mellitus, Peripheral neuropathy and lumbar radiculopathy of the left lower extremity, Scar on the left calf, Erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 4, 2014
- Citation
- 1453450
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 1453450.
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 Board has granted the Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of prostate cancer due to VA's failure to notify him of his April 17, 2008, elevated PSA test results and its failure to timely diagnose and properly treat his disease.
- Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
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.