The issue of entitlement to service connection for bilateral lower extremity radiculopathy is dismissed without prejudice.,The issues of entitlement to an initial evaluation in excess of 20 percent disabling for the period prior to April 4, 2017, and in excess of 40 percent disabling for the period thereafter, for service-connected residuals of low back injury with compression fracture of T11 and mild degenerative changes; entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) for the period prior to June 1, 2011 are remanded.,The issues of entitlement to service connection for sleep apnea, migraines, sinusitis, GERD, and bilateral athlete's foot are remanded.,,,,,
The deciding factor: The Veteran requested withdrawal of the appeal for the issue of entitlement to service connection for bilateral lower extremity radiculopathy prior to the promulgation of a decision in the appeal.,Remand is needed due to additional development required, including obtaining relevant records from SSA and VA, scheduling a new VA examination for the back disability, and clarifying the diagnosis of the claimed foot disability.,Remand is needed due to additional development required, including obtaining relevant records from SSA and VA, scheduling a new VA examination for the back disability, and clarifying the diagnosis of the claimed foot disability.,,,,,
- Claimed conditions
- bilateral lower extremity radiculopathy, bilateral flat feet, service-connected residuals of low back injury with compression fracture of T11 and mild degenerative changes, sleep apnea, migraines, sinusitis, GERD, athlete's foot
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2021
- Citation
- 21031093
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21031093.
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.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
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