The Board has denied service connection for right lower extremity radiculopathy and remanded the issues of depression, left lower extremity radiculopathy, cervical spine fusion with degenerative disc disorder (DDD), osteoarthritis of the thoracolumbar spine, and a left shoulder rotator cuff injury. The Veteran is also required to be examined for these conditions.
The deciding factor: The Board found that there was no current diagnosis of right lower extremity radiculopathy and insufficient evidence linking depression to service or any other condition. Additionally, the issues related to cervical spine fusion with degenerative disc disorder (DDD), osteoarthritis of the thoracolumbar spine, and a left shoulder rotator cuff injury required further examination for proper rating determinations.
- Claimed conditions
- right lower extremity radiculopathy, depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102816
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 claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
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