The claim of left lower extremity radiculopathy is dismissed. The petition to reopen the service connection for a cervical spine disorder is granted, but the case is remanded due to insufficient evidence regarding its onset and etiology.
The deciding factor: The Board found that there was not enough evidence to determine whether the Veteran's current neck condition had its onset during service or if it was aggravated by his service-connected lower back disability.
- Claimed conditions
- left lower extremity radiculopathy, cervical spine disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 9, 2019
- Citation
- 19177855
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 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 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.
- Partly granted
The Board granted initial disability ratings of 40 percent for right and left lower extremity radiculopathy, a 20 percent rating for lumbar spine disability, denied an increased rating for obstructive sleep apnea with asthma, granted TDIU from May 7, 2021, and SMC from September 10, 2021.
- Dismissed
The Veteran withdrew the appeal for service connection for a cervical spine disorder and bilateral cataracts of the eyes.
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