The Board has found that more development is necessary and the case must be remanded for issuance of a Supplemental Statement of the Case (SSOC) to address the increased rating claim for chronic lumbar strain.
The deciding factor: The RO did not address the increased rating claim for the Veteran's service-connected chronic lumbar strain in the most recent October 2019 examination reports, and a waiver of initial RO review has not been received.
- Claimed conditions
- chronic lumbar strain, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2020
- Citation
- 20001535
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 Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Partly granted
The Board granted initial disability ratings of 40 percent for right and left lower extremity radiculopathy, a 20 percent rating for lumbar spine disability, denied an increased rating for obstructive sleep apnea with asthma, granted TDIU from May 7, 2021, and SMC from September 10, 2021.
- Denied
The Board denied the veteran's claims for service connection, increased ratings, and earlier effective dates as there was no evidence to support a causal relationship between his current conditions and his active military service.
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