The Board has remanded the Veteran's claims for increased ratings and TDIU due to conflicting evidence regarding his service-connected disabilities. The issues include lumbar spine degenerative joint disease, neck disability, upper and lower extremity radiculopathies, and TDIU.
The deciding factor: The decision is based on conflicting medical evidence regarding the severity of the Veteran's service-connected conditions and the need for further examination to clarify his symptoms.
- Claimed conditions
- lumbar spine degenerative joint disease (low back disability), neck disability, left upper extremity radiculopathy, right upper extremity radiculopathy, left lower extremity radiculopathy, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 30, 2020
- Citation
- 20081761
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 Board granted earlier effective dates for TDIU and DEA, but denied increased ratings for various service-connected conditions.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.