The Board has decided that additional evidence was added to the claims file after the last decision, and as the Veteran did not waive consideration of this new evidence in the first instance, a remand is necessary. The case will be returned to the AOJ for further action.
The deciding factor: The Veteran's claim requires additional evidence to be considered before a final determination can be made.
- Claimed conditions
- RLE radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2019
- Citation
- 19104854
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 an effective date of September 16, 2021, for the grant of service connection for left knee limitation of extension and a 30 percent rating for right ankle ankylosis. The appeal was denied for earlier effective dates for other conditions.
- Denied
The Veteran's service-connected disabilities do not preclude him from securing and following any substantially gainful employment prior to June 14, 2022.
- Partly granted
The veteran's claim for an earlier effective date for service connection of a back disability was dismissed. The veteran was granted a 20% rating for the back disability starting from July 2, 2020, and a total disability rating based on individual unemployability (TDIU). All other claims were denied.
- Denied
The Board denied the Veteran's claims for increased ratings for left and right lower extremity radiculopathy and lumbar spine disability, as the evidence did not support a higher rating under the applicable criteria.
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