The Board has decided that the Veteran's claims for service connection for bilateral upper and lower cervical radiculopathy as secondary to neck and back disabilities, respectively, should be remanded due to a duty to assist error in the February 2019 VA examination.
The deciding factor: The February 2019 VA examiner did not address the Veteran's private treatment records that show diagnoses of bilateral upper cervical radiculopathy and bilateral lumbar radiculopathy, which were present prior to the appeal period. The Board finds this a duty to assist error.
- Claimed conditions
- right lower lumbar radiculopathy, left lower lumbar radiculopathy, right upper cervical radiculopathy, left upper cervical radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2020
- Citation
- A20019224
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A20019224.
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.
- Dismissed
The Board has dismissed the appeals for service connection of tinnitus, hypertension, sleep apnea, lumbar arthropathy (lower back), numbness of chin and mouth, cervical radiculopathy, left, cervical radiculopathy, right, right lower lumbar radiculopathy, and left lower lumbar radiculopathy as the Veteran withdrew his appeal in writing.
- Granted
The Board granted service connection for a back disability, left lower lumbar radiculopathy, and right lower lumbar radiculopathy.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities, while severe, do not render him unable to obtain or maintain a gainful occupation.
- Remanded (sent back)
The Board remands the claim for special monthly compensation to correct a duty to assist error and to obtain an examination regarding potential loss of use of extremities.
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