The Board has remanded the claims for an initial rating in excess of 40 percent for DDD of the low back, service connection for right and left lower extremity radiculopathy secondary to service-connected back disorder, and service connection for an acquired psychiatric disorder, including depression and bipolar disorder.
The deciding factor: The Board found that VA examinations were not conducted due to the Veteran's failure to report without providing good cause or requesting another examination. The Board also noted issues with notification of the scheduled examinations.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the low back, Right lower extremity radiculopathy, Left lower extremity radiculopathy, Acquired psychiatric disorder, including depression and bipolar disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2019
- Citation
- 19184201
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 an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Granted
The Board granted service connection for an acquired psychiatric disorder, finding a causal relationship between the condition and an in-service incident of military sexual trauma (MST).
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Remanded (sent back)
The Board has remanded the issue of entitlement to service connection for an acquired psychiatric disorder due to a pre-decisional duty to assist error.
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