The Board has remanded the Veteran's claims for a rating in excess of 40 percent for degenerative disc disease of the lumbar spine, an initial rating in excess of 10 percent for radiculopathy of the left and right lower extremities, and TDIU from July 1, 2007 to May 10, 2010 due to difficulties contacting the Veteran for VA examinations.
The deciding factor: The Board found that multiple attempts were made by the RO to contact the Veteran for his scheduled VA examinations but failed. The Veteran's representative asserted that proper notification was not provided and requested a remand.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, 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 25, 2019
- Citation
- 19106008
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.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
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