The Board remands the issues of service connection for a low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy to afford the Veteran adequate VA opinions.
The deciding factor: The May 2021 and July 2015 medical opinions are found inadequate as they do not address rare circumstances that could cause or aggravate a back condition following knee reconstruction surgery, and findings of 'not due to,' 'not caused by,' and 'not related to' a service-connected disability are insufficient to address the question of aggravation under 38 C.F.R. § 3.310(b).
- Claimed conditions
- low back disability, right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2022
- Citation
- 22000384
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.
- 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.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
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