The Board has remanded three issues: PTSD with major depression, dementia, and alcohol abuse; post laminectomy syndrome, status post lumbar laminectomy and diskectomy; and radiculopathy of the right lower extremity. The Veteran needs to provide updated treatment records and undergo VA examinations for his psychiatric disorder and spine disability.
The deciding factor: The Board found that the most recent examination reports are more than six years old and did not comply with current regulations regarding range of motion testing, necessitating new evaluations.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD) with major depression, dementia, and alcohol abuse, Post laminectomy syndrome, status post lumbar laminectomy and diskectomy, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2020
- Citation
- 20004677
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 granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
- Granted
The Board granted service connection for dementia, finding that it was aggravated by the Veteran's service-connected hearing loss disability.
- Partly granted
The Board granted an earlier effective date of January 30, 1978 for the award of service connection for TBI with unspecified neurocognitive disorder and denied earlier effective dates for radiculopathy of the right and left lower extremities.
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