The Board has remanded the claims for increased ratings and earlier effective dates for various service-connected disabilities, including arthritis of the lumbar spine, cervical spine disability, depressive disorder, bilateral upper extremity radiculopathy, and bilateral lower extremity radiculopathy. The case is also being remanded to consider an earlier effective date for TDIU.
The deciding factor: The Board found that the AOJ did not provide adequate reasons and bases concerning the effective dates and ratings assigned to the Veteran's service-connected disabilities and denied benefits in the May 2021 rating decision. The case is being remanded to address these issues.
- Claimed conditions
- arthritis, lumbosacral and thoracic spines (lumbar spine disability), status post discectomy, C4-5 and C5-6 (cervical spine disability), depressive disorder, NOS, left upper extremity radiculopathy, right upper extremity radiculopathy, 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 30, 2021
- Citation
- 21071346
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 21071346.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
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