The Veteran's claims for increased ratings and compensation under 38 U.S.C. § 1151 are being remanded due to procedural errors and the need for additional evidence.
The deciding factor: Procedural errors were identified, including a failure to issue an SSOC after receiving VA-generated evidence, and the need for additional records related to the Veteran's lumbar spine condition and surgery. The Veteran also needs a medical opinion regarding whether his disability is due to carelessness or negligence on the part of VA.
- Claimed conditions
- left forearm scar, left ulnar nerve neuropathy, lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2023
- Citation
- 23058214
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 23058214.
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 has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
- Granted
The Veteran's lumbar radiculopathy and diabetic peripheral neuropathy of the right lower extremity are rated at 20 percent effective November 6, 2024.
- Denied
The Board found the reduction in disability evaluation from 40% to 20% was improper and void ab initio due to inadequate examination for reduction.
- Remanded (sent back)
The Board has determined that a remand is necessary to obtain an addendum medical opinion regarding the etiology of the Veteran's back disability, specifically addressing whether there was aggravation during service and if the lumbar spondylosis, lumbar radiculopathy, sacroiliitis, and failed back surgery syndrome had onset in service.
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