The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected lumbar spine disability and whether referral for extraschedular evaluation is warranted. The TDIU claim will also be remanded for compliance with the May 2014 Board remand instructions.
The deciding factor: The Court found that the Board failed to provide adequate reasons or bases when denying the Veteran's increased rating claim, specifically regarding the lack of discussion on whether referral for extraschedular evaluation was warranted. The Veteran now has a worsening lumbar spine disability with left leg radiculopathy and is unable to drive due to pain.
- Claimed conditions
- arthritis of the lumbar spine, left heel fasciitis, deviated septum, lung nodule, left elbow epicondylitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 30, 2015
- Citation
- 1542421
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 1542421.
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 service connection for PTSD, major depressive disorder, generalized anxiety disorder, insomnia, unspecified psychosis, arthritis of the lumbar spine, degenerative disc disease, multilevel spinal stenosis, and arthritis of the cervical spine and degenerative disc disease. The diagnoses are linked to in-service physical assaults.
- Granted
The Board has granted an effective date of May 12, 2022 for the grant of service connection for a deviated septum.
- Remanded (sent back)
The Board has remanded the claims for chronic sinusitis and deviated septum due to pre-decisional duty to assist errors. The Veteran's current diagnoses of chronic sinusitis are supported by service treatment records, while his deviated septum claim requires further development.
- Granted
The Veteran's deviated septum, allergic rhinitis, GERD with persistent nausea, and migraines are all granted as service-connected.,However, the Board is remanding the issue of entitlement to service connection for a bilateral eye condition.
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