The Board has remanded the claims for radiculopathy, left lower extremity, due to a lack of compliance with previous remand instructions regarding obtaining private treatment records.
The deciding factor: There was no substantial compliance with the March 2023 Board remand as the development letter requesting the Veteran submit or authorize for release any relevant private treatment records was not resent after its return as undeliverable.
- Claimed conditions
- radiculopathy, left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2023
- Citation
- 23058400
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 23058400.
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 service connection for tinnitus, lower back condition, radiculopathy of the right and left lower extremities, and bilateral hearing loss.,There is no evidence linking these conditions to service.
- Dismissed
The Board has dismissed all appeal issues as the Veteran withdrew his appeals prior to a decision being made.
- Granted
The Board has granted service connection for thoracolumbar spine and secondary service connection for radiculopathy of the right and left lower extremities, finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's active-duty service.
- Dismissed
The Veteran's appeal for individual unemployability (TDIU) and service connection for sinusitis and abdominal pain, residuals, removal of colon, severe constipation were dismissed due to duty to assist errors found in the August 2021 rating decision.,Residuals of a menstrual disorder, to include status post hysterectomy; residuals, removal of gallbladder; GERD with acid reflux disease and epigastric pain; lumbar spine condition; radiculopathy, right lower extremity; radiculopathy, left lower extremity; dry eye syndrome; left knee pain; right shoulder pain; left shoulder pain; and right ankle condition were all granted.
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