The Board has remanded the claims for service connection and increased rating of bilateral leg disability due to insufficient development and consideration.
The deciding factor: The decision was remanded because the AOJ did not consider if the Veteran was entitled to service connection for treatment purposes for his missing teeth during service, and also failed to provide proper notice in assigning initial ratings for the right and left lower extremity radiculopathy.
- Claimed conditions
- dental disability, bilateral lumbar sensory radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2020
- Citation
- 20073389
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 appeal was dismissed due to the Veteran's death while it was pending before the Board of Veterans' Appeals.
- Partly granted
The Board granted restoration of a 20 percent rating for the service-connected lumbosacral strain, effective May 1, 2023. The other claims were denied.
- Denied
The Board denied service connection for a dental disability for compensation purposes, as the evidence did not show that an in-service injury or disease caused a loss of substance of the body of the maxilla or mandible resulting in a loss of teeth.
- Remanded (sent back)
The Board remands the claims for service connection for a dental disability, left and right hand ulnar nerve disabilities, and left and right arm cubital tunnel syndrome due to a need for additional evidence and examinations.
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