The Board has remanded the Veteran's claims for GERD, right and left lower extremity radiculopathy, and TDIU due to insufficient evidence in some cases. The Veteran will need a VA examination for his GERD and possible additional diagnoses, as well as an examination to determine if he has bilateral lower extremity disorders or functional impairment related to service-connected disabilities.
The deciding factor: The Board found that the current nature and severity of the Veteran's GERD needed clarification, and that further evidence was required regarding his right and left lower extremity radiculopathy and TDIU claims.
- Claimed conditions
- Gastroesophageal reflux disease (GERD), 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
- December 28, 2020
- Citation
- 20081221
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 matters for additional development, including obtaining private treatment records and conducting VA examinations.
- 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.
- Partly granted
The Board denied the claims for an initial compensable rating for left ear sensorineural hearing loss, service connection for a right ear hearing loss disability, and a left eye disorder. However, it granted service connection for a back disability and radiculopathy of both lower extremities as secondary to the back disability.
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