The Board has remanded the case due to an error in the factual premise used for the VA examination opinions. The Veteran needs a new VA examination based on the correct factual premise.
The deciding factor: The decision was remanded because the factual premise used for the VA examination opinions was incorrect, leading to potential errors in the conclusions reached.
- Claimed conditions
- bilateral lower extremity neuropathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19186951
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.
- Denied
The Board denied service connection for diabetes mellitus type II and bilateral lower extremity neuropathy, finding that the evidence did not support a causal relationship between these conditions and the Veteran's active military service.
- Dismissed
The appeal was dismissed due to the Veteran's failure to substantially comply with claims processing rules.
- Partly granted
The Board granted readjudication of the claims for service connection for headaches, a sleep condition (OSA), Parkinsonism (including Parkinson's disease), unspecified depressive disorder, CAD with atrial fibrillation, bilateral upper extremity neuropathy, and bilateral lower extremity neuropathy based on new evidence. The claim for hyperhidrosis was denied as no new relevant evidence was received.
- Granted
The Board granted service connection for multiple conditions, including dizziness, degenerative changes and spinal stenosis of the thoracolumbar spine, bilateral lower extremity neuropathy, bronchiolitis, GERD, migraine headaches, neurogenic bowel, and sleep apnea.
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