The Board has dismissed the appeal of the issue regarding service connection for a disability of the lower extremities other than radiculopathy. The case is remanded to determine if there was clear and unmistakable error in the July 2011 rating decision that denied service connection for radiculopathy of the lower extremities, and to adjudicate the earlier effective date claim.
The deciding factor: The Board found that a CUE issue has been raised regarding the July 2011 rating decision denying service connection for radiculopathy of the lower extremities. The case is remanded to address this issue before proceeding with the earlier effective date claim.
- Claimed conditions
- lower extremities other than radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2020
- Citation
- 20007551
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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.