The Board has remanded the case for additional development, including obtaining a retrospective medical opinion and considering lay evidence of pain and functional loss. The Veteran's claim for an increased rating remains pending.
The deciding factor: The VA examiner was unable to provide a retrospective medical opinion without relevant contemporaneous treatment records due to gaps in evidence from May 9, 2005 to March 17, 2007 when the Veteran suffered a spinal cord injury resulting in complete quadriplegia. The examiner also needs to consider lay statements of pain and functional loss.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2017
- Citation
- 1744547
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 1744547.
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 service-connected disabilities result in the permanent loss of use of his left foot and upper right extremity, allowing for entitlement to an allowance for an automobile or other conveyance and adaptive equipment.
- 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.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
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