The Board has remanded the Veteran's appeal for disability ratings related to his lumbar spine, right lower extremity radiculopathy, and migraine headaches due to incomplete development of the record. The VA must obtain private medical records from identified doctors and provide a retrospective opinion on the Veteran's lumbar spine disability.
The deciding factor: The Board found that the appeal was remanded because there were insufficiently developed facts regarding the Veteran's claims for increased disability ratings, including incomplete documentation of his treatment history and failure to consider certain lay statements and medical evidence in determining effective dates.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Radiculopathy of the right lower extremity, Migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2022
- Citation
- 22065342
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 22065342.
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.
- Granted
The Board granted earlier effective dates of November 5, 2021, for the grants of service connection and eligibility for DEA benefits.
- Partly granted
The Board granted service connection for posttraumatic stress disorder (PTSD) and migraine headaches, but remanded the claims for a low back disability and related radiculopathies.
- Denied
The Board denied the claims for service connection for a facial injury, head injury, and left thumb injury as there was no evidence of current disability or functional impairment. The claims for GERD, squamous mucosa, migraine headaches, and hypertension were remanded for further development.
- Dismissed
The Board dismissed the appeal for failure to timely file a Notice of Disagreement (NOD) with the July 2024 rating decision.
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