The Board has remanded the case due to insufficient consideration of whether the Veteran is entitled to a separate compensable evaluation for neurological abnormalities related to his service-connected lumbar degenerative disc disease (DDD).
The deciding factor: The Court found that the Board failed to address relevant medical evidence of record discussing left leg pain and numbness as well as determine if a separate evaluation was warranted for any spine-related objective neurological abnormalities.
- Claimed conditions
- neurological condition
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2020
- Citation
- 20065593
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 dismissed the claims for service connection for various conditions and denied service connection for a musculoskeletal disability, while remanding two skin and dizziness claims.
- Remanded (sent back)
The Board remands the claims for service connection for a lower back condition, bilateral foot condition, and neurological condition as pre-decisional duty-to-assist errors were not addressed.
- Partly granted
The Board granted service connection for chronic headaches but denied service connection for right knee disability, left knee disability, neurological condition, peripheral neuropathy of the right upper and lower extremities, and skin cancer.
- Dismissed
The appeal regarding service connection for a neurological condition was dismissed due to the untimely filing of the VA Form 10182, and no good cause was shown.
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