The Veteran's right ankle disability is rated at a 20 percent rating prior to May 25, 2018. The Board has remanded the issues of ratings for his lower extremity radiculopathies and loss of use of both lower extremities.,The Veteran’s TDIU, special monthly compensation based on need for regular aid and attendance or at the housebound rate, and effective date prior to February 20, 2008, for Dependents’ Educational Assistance benefits are also remanded.
The deciding factor: The Board has found that further VA evaluations are needed due to conflicting statements and findings of record regarding the Veteran's service-connected disabilities and associated functional loss.,VA’s duty to assist includes obtaining all relevant VA and private treatment records, including those dated after June 2020.
- Claimed conditions
- Right ankle degenerative joint disease, Right lower extremity radiculopathy, Left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2020
- Citation
- 20073528
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.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
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