The Board has remanded the Veteran's claims for increased ratings and effective date issues due to internal discrepancies in his service-connected ankylosing spondylitis diagnosis, as well as ongoing radiculopathy of the upper and lower extremities. The AOJ is instructed to obtain additional medical records and schedule a VA examination to clarify the nature of the Veteran's disabilities.
The deciding factor: The Board found that the November 2019 VA examination was inadequate in clarifying the diagnosis of ankylosing spondylitis and addressing past diagnoses, as well as the current radiculopathy symptoms. The AOJ is instructed to obtain additional medical records and schedule a VA examination for clarification.
- Claimed conditions
- ankylosing spondylitis, radiculopathy of the right sciatic nerve, radiculopathy of the left sciatic nerve, radiculopathy of the right femoral nerve, radiculopathy of the left femoral nerve
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 31, 2020
- Citation
- 20081851
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 denied an earlier effective date for the grant of a 70 percent rating for PTSD and granted an effective date of May 31, 2004, but no earlier, for the award of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).
- Partly granted
The Board granted an effective date of September 2, 2010, for service connection for radiculopathy of the left and right sciatic nerves but denied increased ratings for these conditions. The claims for increased ratings for knee and back conditions were remanded.
- Partly granted
The Board granted an initial 70 percent evaluation for the service-connected psychiatric disability and a TDIU, but denied other claims related to earlier effective dates and burial expenses.
- Partly granted
The Board granted a 70 percent disability rating for major depressive disorder with primary insomnia effective December 16, 2019, and an initial 40 percent disability rating for lumbosacral strain with degenerative disc disease from June 27, 2017 through December 6, 2021.
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