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
Veterans Law Judge
Decisions by this judge: 1,614 · Granted: 35% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using 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.
- Dismissed
The Board has dismissed the appeal for service connection due to the Veteran's withdrawal of his appeal.
- 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 Veteran's service-connected disabilities require regular aid and attendance, warranting special monthly compensation at the aid and attendance rate.
- Denied
The Board has determined that the Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation, based on his education, skills, training, and work history.
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