The Veteran's claim for an evaluation in excess of 40 percent for his right lower extremity radiculopathy with foot drop is remanded due to the need for a new VA examination and the availability of outstanding medical records.
The deciding factor: The decision was remanded because there are allegations of progression of symptoms, and the Veteran's last medical records are from November 2014. A new VA examination is needed on remand.
- Claimed conditions
- right lower extremity radiculopathy with foot drop
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2019
- Citation
- 19181230
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 veteran was granted a 40% disability rating for right lower extremity radiculopathy before January 7, 2022, and a maximum 50% rating for headaches from May 1, 2019. The veteran was also granted TDIU and DEA benefits since May 1, 2019. However, the veteran's request for an increased disability rating in excess of 60% for right lower extremity radiculopathy since January 7, 2022, and earlier effective dates were denied.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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