The Board has determined that the issues of entitlement to an initial rating higher than 20 percent for residuals of a lumbar laminectomy and radiculopathy of the left lower extremity, as well as SMC based on aid and attendance, need to be remanded due to insufficient evidence in the record.
The deciding factor: The Board found that there is not enough information in the current claims file to make an informed decision regarding these issues. Specifically, a new VA examination for residuals of a lumbar laminectomy was needed as well as a VA aid and attendance examination. The SSOC issued since October 2017 also needs to be revised.
- Claimed conditions
- residuals of a lumbar laminectomy, r radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2019
- Citation
- 19182412
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.
- Remanded (sent back)
The Board has remanded the cases for further development due to the Veteran's incarceration, and requests that VA examiners or correctional facility medical staff provide necessary examinations.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased evaluations of radiculopathy of the left and right lower extremities due to a lack of discussion on certain evidence in the previous decision.
- Remanded (sent back)
The Veteran's claims for higher ratings for his lumbar spine and associated radiculopathy of the lower extremities are being remanded due to the need for additional development.
- Denied
The Board denied the Veteran's claims for service connection for a bilateral eye disorder, a prostate disorder, and a schizoaffective disorder as there was no evidence of a current disability for VA purposes or an etiological link to active service. The claim to reopen for residuals of a lumbar laminectomy was also denied due to lack of new and material evidence.
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