The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete compliance with prior remand directives. The AOJ is instructed to schedule VA examinations, obtain clarification opinions from an appropriate examiner regarding RLE radiculopathy, and ensure that all development actions have been completed.
The deciding factor: The Board found the AOJ did not substantially comply with prior remand directives and thus ordered further development including scheduling of VA examinations and obtaining clarification opinions.
- Claimed conditions
- post-operative herniated nucleus pulposus (HNP) of the lumbosacral spine, right ankle Achilles' tendonitis, RLE radiculopathy with atrophy of the right calf
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2022
- Citation
- 22005734
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 22005734.
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 Veteran's GERD, post-operative HNP of the lumbosacral spine, right Achilles tendonitis, and RLE radiculopathy with atrophy of the right calf are all rated based on their respective service-connected conditions. The claims for increased ratings and TDIU prior to June 28, 2017 are remanded due to the need for additional examinations.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations to assess the severity of his service-connected disabilities, including whether he is unemployable.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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