The Board has remanded the cases for further evaluation due to inadequate findings in a previous VA examination. The Veteran's thoracic strain and radiculopathy are part of the same issue, and his TDIU claim is also remanded.
The deciding factor: The September 2020 VA examination was found to be inadequate as it contradicted other medical evidence regarding the extent of the Veteran's symptoms and use of assistive devices. The Board ordered a new examination to address these issues.
- Claimed conditions
- thoracic strain, radiculopathy, femoral nerve of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2020
- Citation
- 20073198
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.
- Remanded (sent back)
The Board remands the claims for a total disability rating based on individual unemployability due to service-connected disabilities and special monthly compensation based on aid and attendance, pending implementation of an earlier effective date for urge incontinence.
- Partly granted
The Board denied increased ratings for cervical strain, thoracic strain, and allergic rhinitis with sinusitis, as well as a compensable rating for bilateral hearing loss. However, the Board granted service connection for radicular pain of both upper extremities as secondary to the Veteran's service-connected cervical strain.
- Granted
The Board granted service connection for low back conditions, left hip condition, and irritable bowel syndrome (IBS), and a 50 percent rating for sinusitis as of August 22, 2022.
- Partly granted
The Board granted service connection for thoracic strain as secondary to the Veteran's service-connected lumbar spine disability, but remanded the claim for an acquired psychiatric condition due to a pre-decisional duty to assist error.
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