The Board has remanded the case due to conflicting medical opinions regarding the radiculopathy of the right lower extremity and because a full medical opinion is needed on whether it is aggravated by service-connected residuals of coccyx injury. The back disability issue is inextricably intertwined with the radiculopathy issue.
The deciding factor: The Board found that there were conflicting opinions regarding the etiology of the Veteran's radiculopathy and decided to obtain a new medical opinion on whether it is aggravated by service-connected residuals of coccyx injury.
- Claimed conditions
- radiculopathy of the right lower extremity, service-connected residuals of coccyx injury
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2019
- Citation
- 19100825
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.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a procedural error regarding notice of the right to a pre-decisional hearing.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including knee and foot conditions, a low back disability, radiculopathy, tinnitus, and a neck condition, to correct pre-decisional errors in fulfilling VA's duty to assist by rescheduling missed examinations.
- Denied
The Board denied service connection for various conditions, including left and right eye dry eyes, cataracts of the left and right eyes, neuropathy of the left lower extremity, radiculopathy of the right lower extremity, left renal arteriovenous malformation, aneurysm, pseudofolliculitis barbae (PFB), degenerative joint disease (DJD) of the lumbar spine, recurrent subluxation of the left knee prior to May 13, 2020, left total knee replacement, disability rating in excess of 60 percent from September 1, 2021, forward for left total knee replacement, DJD of the right knee, right knee instability, burns of the bilateral ankles, linear scar of the left knee, post-surgical tender scars of the left knee, and a total disability rating due to unemployability (TDIU) based upon service-connected disabilities prior to June 14, 2019.
- Granted
The Board granted a 40 percent evaluation for the Veteran's lumbosacral strain with spinal stenosis, spondylolisthesis, and intervertebral disc syndrome, as well as radiculopathy of the left and right lower extremities.
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