The Veteran's claims for service connection have been granted, but the effective dates are set at September 21, 2011. The Board has also remanded several issues related to lower extremity and hip disabilities due to a lack of VA examinations.
The deciding factor: The Board found that new evidence had been submitted which warranted readjudication of the claims for service connection for various conditions, including lower extremity radiculopathy and hip disabilities. However, the Board also noted pre-decisional duty-to-assist errors in failing to provide VA examinations related to these issues.
- Claimed conditions
- {"condition_name":"lumbosacral strain","diagnosis_date":null,"disposition":"granted"}, {"condition_name":"posttraumatic stress disorder (PTSD)","diagnosis_date":null,"disposition":"granted"}, {"condition_name":"left lower extremity radiculopathy","diagnosis_date":null,"disposition":"remanded"}, {"condition_name":"right lower extremity radiculopathy","diagnosis_date":null,"disposition":"remanded"}, {"condition_name":"left hip disability","diagnosis_date":null,"disposition":"remanded"}, {"condition_name":"right hip disability","diagnosis_date":null,"disposition":"remanded"}, {"condition_name":"left upper extremity radiculopathy","diagnosis_date":null,"disposition":"remanded"}, {"condition_name":"right upper extremity radiculopathy","diagnosis_date":null,"disposition":"remanded"}
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2020
- Citation
- A20017938
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
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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.