The Veteran's claims have been remanded due to new evidence submitted, including a lay statement from another member of the National Guard who witnessed his in-service injury. The Board finds that this evidence relates the Veteran’s current lumbar spine disability to an in-service injury and requires further examination.
The deciding factor: New evidence has been submitted relating the Veteran's current lumbar spine disability to an in-service injury, necessitating a VA examination.
- Claimed conditions
- lumbar spine disability, psychiatric disability, cervical spine disability, left arm disability (radiculopathy), left leg disability (radiculopathy), chronic sleep disability (obstructive sleep apnea), left hip disability, right hip disability, bilateral vision disability, headaches, right arm disability (radiculopathy), right leg disability (radiculopathy)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2019
- Citation
- 19147656
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.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
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