The Board has decided to remand the Veteran's claims for increased ratings for arthritis of the thoracolumbar spine, arthritis of the left hip, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity due to incomplete records. The VA is required to obtain any outstanding pertinent VA treatment records and private treatment records related to the Veteran's conditions.
The deciding factor: The Board found that the duty to assist was not satisfied as there are incomplete records in the claims file, particularly from the Columbia, South Carolina VAMC and private clinics. These records need to be obtained for proper adjudication of the increased rating claims.
- Claimed conditions
- rheumatoid arthritis (arthritis of the thoracolumbar spine), osteoarthritis (arthritis of the left hip), radiculopathy of the right lower extremity, radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 14, 2023
- Citation
- 23009275
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 23009275.
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) due to service-connected disabilities, finding that his physical limitations could be accommodated by sedentary employment.
- Remanded (sent back)
The Board has denied service connection for radiculopathy of the left lower extremity and remanded the claim for adjustment disorder. The Veteran's radiculopathy is not shown to be related to his military service, while his adjustment disorder may be related to civilian life.
- Dismissed
The Board has dismissed all service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
- Remanded (sent back)
The Board has remanded the claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to a failure to provide adequate reasons or bases in the November 2024 decision as to whether the pre-decisional duty to assist had been satisfied.
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