The Board has remanded the Veteran's claims for a back disability and bilateral lower extremity radiculopathy due to inadequate reasons and bases in the August 2019 decision. The issues include rating determinations from December 9, 2010, to July 17, 2017, and as of July 18, 2017, for a back disability; initial ratings for left and right lower extremity radiculopathy.
The deciding factor: The Board found the August 2019 decision inadequate due to failure to define terms used in assessing the Veteran's bilateral radiculopathy claims and not having an opportunity to consider Chavis v. McDonough, 34 Vet. App. 1 (2021) decision when assessing the level of impairment for the Veteran's back disability.
- Claimed conditions
- Back disability, 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 17, 2021
- Citation
- 21075055
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 21075055.
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.
- Denied
The Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence to support a nexus between his current condition and active duty service.
- Granted
The Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a back disability due to incomplete service records and failure to consider all available evidence, including in-service treatment records from F.E. Warren Air Force Base.
- Denied
The Veteran's right lower extremity radiculopathy was evaluated at a 20 percent rating, and the Board found that it did not meet the criteria for a higher evaluation.
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