The Veteran's claims for increased ratings and TDIU are being remanded due to the AOJ failing to address specific VA examination reports in their September 2021 Statement of the Case.
The deciding factor: The AOJ did not consider the November 2019 VA examination reports in their decision, as directed by the Board's June 2021 remand.
- Claimed conditions
- trigeminal neuropathy, lumbar degeneration, left trapezius strain, left sciatic nerve radiculopathy, right sciatic nerve radiculopathy, left femoral nerve radiculopathy, right femoral nerve radiculopathy, total disability rating based on individual unemployability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 14, 2022
- Citation
- 22014616
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 22014616.
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 appeal is remanded for additional development, including obtaining clarification from the August 2017 VA examiner regarding which symptoms are related to his service-connected left trapezius strain and whether any non-service-connected conditions represent a progression of that disability.
- Denied
The Veteran's service-connected disabilities did not meet the requirements for Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 because he was not continuously rated totally disabled for a period of 10 or more years immediately preceding his death.
- Dismissed
The Veteran's appeal of proposed reductions in ratings for his service-connected back disability and right sciatic nerve radiculopathy is dismissed. The claim of entitlement to an initial rating in excess of 10 percent for left sciatic nerve radiculopathy is remanded.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance from another person, resulting in the grant of special monthly compensation based on aid and attendance. The issue of SMC at the housebound rate is dismissed as it is a lesser benefit than SMC based on aid and attendance.
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