The Veteran's right leg disability is being remanded due to a duty to assist error in the August 2020 medical opinion. The Board will request an updated VA medical opinion to determine if the Veteran has an additional hip disability and whether it was caused by carelessness, negligence, lack of proper skill or similar incidence on the fault of VA.,The Veteran's LBBB is being remanded due to a duty to assist error in the August 2020 medical opinion. The Board will request an updated VA medical opinion to determine if the Veteran has ischemic heart disease and whether it was caused by herbicide exposure or right leg disability.,The Veteran's RLE radiculopathy is being remanded due to a duty to assist error in the August 2020 medical opinion. The Board will request an updated VA medical opinion to determine if the Veteran has ischemic heart disease and whether it was caused by herbicide exposure or right leg disability.,The Veteran's LLE radiculopathy is being remanded due to a duty to assist error in the August 2020 medical opinion. The Board will request an updated VA medical opinion to determine if the Veteran has ischemic heart disease and whether it was caused by herbicide exposure or right leg disability.,The Veteran's LBBB is being remanded due to a duty to assist error in the August 2020 medical opinion. The Board will request an updated VA medical opinion to determine if the Veteran's LBBB is aggravated by his service-connected right leg disability.
The deciding factor: The Board finds that the August 2020 medical opinion provided for the Section 1151 claim is inadequate and requests a new opinion from a different clinician.,The Board finds that the August 2020 medical opinion provided for the LBBB claim is inadequate and requests a new opinion from a different clinician.,The Board finds that the August 2020 medical opinion provided for the RLE radiculopathy claim is inadequate and requests a new opinion from a different clinician.,The Board finds that the August 2020 medical opinion provided for the LLE radiculopathy claim is inadequate and requests a new opinion from a different clinician.,The Board finds that the August 2020 medical opinion provided for the LBBB claim is inadequate and requests a new opinion from a different clinician, specifically addressing whether the Veteran's LBBB is aggravated by his service-connected right leg disability.
- Claimed conditions
- Right leg length discrepancy, Degenerative disc disease, lower back condition (lumbar disability), Left lower extremity (LLE) radiculopathy, Right lower extremity (RLE) radiculopathy, Left Bundle Branch Block (LBBB)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2023
- Citation
- A23029793
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 A23029793.
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 initial and subsequent claims for increased ratings for his back condition, LLE radiculopathy, and RLE radiculopathy have been denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent from March 12, 2014, to October 28, 2019.
- Dismissed
The Board dismissed the appeals pertaining to effective dates for increased ratings of chronic lumbar strain and LLE radiculopathy, finding that the Veteran did not properly opt into the AMA system.
- Granted
The Veteran's service-connected disabilities, including degenerative disc disease and lower extremity radiculopathy, rendered him unable to secure or follow a substantially gainful occupation from August 1, 2013 to November 23, 2014. The Board granted TDIU for this period.
- Partly granted
The Board granted an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.