The Board remands the claims for increased ratings and TDIU due to the need for contemporaneous examinations to determine the current severity of the Veteran's service-connected disabilities.
The deciding factor: A remand is necessary as there is a possible change in the severity of the Veteran's service-connected disabilities, and additional evidence may be needed to adequately address the level of impairment since the last examination.
- Claimed conditions
- lumbar spondylosis, left lower extremity (LLE) sciatic nerve radiculopathy, right leg lumbar radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2022
- Citation
- 22000565
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 a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities, while severe, do not render him unable to obtain or maintain a gainful occupation.
- Granted
The Board granted service connection for diabetes mellitus type II, hypertension, hypothyroidism, prostate cancer, sleep apnea secondary to service-connected diabetes mellitus, tinea pedis, and lumbar spondylosis.
- Partly granted
The Veteran's claim for an earlier effective date of May 1, 2018, for the award of service connection for radiculopathy, right lower extremity, was granted. The appeal for an earlier effective date for TDIU was dismissed as moot.
- Granted
The Board granted service connection for degenerative disc disease, degenerative arthritis, and lumbar spondylosis based on the evidence of record.
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