The Board has remanded the Veteran's claims for cervical and thoracolumbar spine disorders, as well as radiculopathy of both lower extremities. The claims are being returned to the agency of original jurisdiction (AOJ) for further development.
The deciding factor: The VA examiner’s opinions were inadequate due to a lack of consideration of the Veteran's post-service treatment records and statements regarding his back pain since service.
- Claimed conditions
- Cervical Spine Disorder, Thoracolumbar Spine Disorder, Radiculopathy of the Left Lower Extremity, Radiculopathy of the Right Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2019
- Citation
- 19101571
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.
- Partly granted
The Board granted service connection for thoracolumbar spine disorder and cervical pain but denied service connection for bilateral hearing loss. The Board also granted ratings of 10 percent or 20 percent for several conditions from specific dates.
- Denied
The Board denied an increased rating for PTSD, a TDIU prior to July 13, 2019, and increased ratings for the lumbar spine disability and radiculopathy of the left lower extremity.
- Denied
The Board denied the veteran's claims for increased ratings for degenerative disc disease with spinal stenosis, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity.
- Partly granted
The Board denied increased ratings for the Veteran's back disability, radiculopathy of both lower extremities, limitation of pronation and flexion of the right elbow, and scarring, but granted a 40 percent rating from March 26, 2024 to September 17, 2024.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.