The Board has remanded the Veteran's claims for service connection for nerve pain in his right and left legs, as secondary to a service-connected lumbosacral strain. The VA is required to obtain an additional medical examination to determine if the Veteran’s nerve pain is related to his service-connected condition.
The deciding factor: The Board found that there was a pre-decisional duty to assist error in failing to consider the Veteran's right peroneal neuropathy and left leg nerve pain, which could be related to his service-connected lumbosacral strain. The VA is required to obtain an additional medical examination to address these issues.
- Claimed conditions
- Nerve pain, right leg, Nerve pain, left leg
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2019
- Citation
- A19000448
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 appeal to reopen the previously denied claims for service connection for bilateral foot, lumbar spine, and right leg conditions is dismissed due to the Veteran's death.
- Remanded (sent back)
The Board remanded the case to obtain additional medical opinions regarding the Veteran's right leg, right hip, and back conditions, including right leg length discrepancy. The Board found that the VA has met its duty to assist the Veteran in obtaining necessary records.
- Granted
The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation, and he is granted a total disability rating based on individual unemployability (TDIU) effective May 11, 2012.
- Denied
The Board denied the Appellant's claims for service connection for various knee, hip, and leg disabilities, including a sleep condition. The Board found that there was no evidence of an in-service injury or disease related to these conditions.,The Board also denied secondary service connection for right knee disability due to left knee disability.
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.