The Veteran's claims for lumbosacral strain, radiculopathy of the right arm and left arm (peripheral neuropathy), and anterior cervical discectomy and fusion spanning C5 to C7 are remanded due to a duty to assist error. The AOJ must obtain all identified private treatment records.
The deciding factor: The Veteran's claims were not fully supported by evidence as the AOJ did not secure all of the private medical records he identified, including those from local clinics and hospitals where he received treatment over the past two decades.
- Claimed conditions
- lumbosacral strain, radiculopathy, right arm (peripheral neuropathy), radiculopathy, left arm (peripheral neuropathy), anterior cervical discectomy and fusion spanning C5 to C7 (neck condition)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- A20015557
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 lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Partly granted
The Board granted a 20 percent rating for right leg sciatica with radiculopathy pain and paresthesia, but denied increased ratings for PTSD, lumbosacral strain, left wrist limitation of motion with ganglion cyst, and service connection for headaches, unspecified. Several issues were remanded.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
- Partly granted
The Board denied a disability rating greater than 10 percent for tinnitus and a rating greater than 20 percent for lumbosacral strain, but granted a 20 percent rating for left lower extremity sciatic radiculopathy and right lower extremity sciatic radiculopathy.
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