The Veteran's appeal is being remanded for further examination and to obtain additional medical records. The main issue is determining the extent of his service-connected lumbar disc disease and its impact on his ability to use his feet.
The deciding factor: The decision requires a VA examination to assess the Veteran’s functional impairment due to his service-connected lumbar disc disease and any associated radiculopathy, as it relates to his ability to use his feet.
- Claimed conditions
- lumbar disc disease, cerebellar ataxia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2019
- Citation
- 19181336
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 Board granted service connection for left knee strain, lumbar disc disease, and cervical spine disability based on evidence supporting an in-service onset of symptoms that have continued to the present.
- Partly granted
The Board granted a separate rating for weakness in the left and right lower extremities due to cerebellar ataxia, an initial rating of 60 percent for cerebellar ataxia under Diagnostic Code 6205, and total disability based on individual unemployability (TDIU) effective March 9, 2017.
- Remanded (sent back)
The Board remands the Veteran's claims for a higher disability rating for lumbar disc disease due to inadequate medical examinations.
- Denied
The Board denied service connection for cerebellar ataxia, kidney stones, and gastroesophageal reflux disease (GERD) as the Veteran's claimed conditions were not incurred during his active service.
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