The Board has determined that additional development is necessary for the Veteran's claims of increased rating for a back disability and service connection for right lower extremity radiculopathy, left lower extremity radiculopathy, and constipation. The case is being remanded to obtain new VA examinations.
The deciding factor: The Board finds that current VA examination reports are inadequate as they do not address pain on both active and passive motion, nor do they describe the impact of flare-ups or repeated use over time on the Veteran's disability levels.
- Claimed conditions
- back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, constipation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2020
- Citation
- 20002908
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 remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- 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 Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.