The Veteran's deviated septum disability does not meet the criteria for a compensable rating.,There is insufficient evidence to establish service connection for a low back disability.,Service connection cannot be established for a left foot drop disability as secondary to a lower back disability, and right lower extremity sciatica cannot be linked to a lower back disability.,The Veteran's left ankle disability requires further examination due to inadequate previous VA examination.
The deciding factor: The medical evidence does not show more than 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side, which is required for a compensable rating under Diagnostic Code 6502.,There is no direct evidence linking the low back disability to service and the VA examiner found that there was no ongoing treatment related to the condition until after service.,The Veteran's left foot drop and right lower extremity sciatica are not linked to his claimed in-service injury, event or illness. The only probative medical opinion is against the claim.,The previous VA examination did not include range of motion testing as required by Correia v. McDonald (2016).
- Claimed conditions
- deviated septum, low back disability, left foot drop disability, right lower extremity sciatica
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2019
- Citation
- A19002049
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.
- Denied
The Board denied service connection for a deviated septum and denied compensable ratings for allergic rhinitis, chronic sinusitis, hypothyroidism, and hypertension.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a low back disability to correct a pre-decisional duty to assist error.
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