The Board has found pre-decisional duty to assist errors for the Veteran's lumbar spine, left foot, and left hand disabilities. The case is remanded to obtain additional records and provide a new medical opinion.
The deciding factor: There were inaccuracies in the prior VA opinions regarding the onset of the Veteran's lumbar spine condition and the need for further evidence and clarification.
- Claimed conditions
- lumbar spine degenerative arthritis with spinal stenosis and intervertebral disc syndrome (IVDS), left foot disability, left hand arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 20, 2022
- Citation
- A22025827
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 A22025827.
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 Veteran's service-connected disabilities do not render him so helpless as to require the regular aid and attendance of another person, but his service-connected persistent depressive disorder alone rendered him unable to secure or follow a substantially gainful occupation. The Board has granted SMC at the housebound rate.
- Granted
The Veteran's left foot disability and anxiety disorder render him in need of regular aid and attendance due to his physical limitations and cognitive impairments, which require assistance from another person.
- Dismissed
The Veteran's appeals for service connection for right hand arthritis and left hand arthritis have been dismissed.,The Veteran's appeals for a higher rating for lumbar strain, radiculopathy of the left sciatic nerve, and radiculopathy of the right sciatic nerve have been remanded.
- Denied
The Board denied service connection for multiple disabilities, including neck, back, left foot, left knee, right knee, right foot, and right shoulder disabilities. The Board found insufficient evidence to support presumptive or secondary service connection.
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