The Board has remanded the Veteran's claims for lumbar strain with arthritis, right leg peripheral neuropathy, and left leg peripheral neuropathy due to issues related to service connection. The claims are being remanded because of a late filing of the Veteran's appeal form.
The deciding factor: The Veteran's appeal was filed after the one-year period allowed by VA regulations for filing a substantive appeal, which is why it was remanded.
- Claimed conditions
- lumbar strain with arthritis, right leg peripheral neuropathy, left leg peripheral neuropathy
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2023
- Citation
- 23066513
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 23066513.
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 Veteran's non-fused transverse process of L1 on right side; degenerative arthritis, degenerative disc disease, intervertebral disc syndrome (IVDS), thoracolumbar spondylosis and lumbar scoliosis is granted. The left leg peripheral neuropathy as secondary to the spinal disability is also granted. An increased rating of 30 percent for the service-connected left ankle arthritis status post fracture, medial malleolus is granted.
- Granted
The Veteran is granted special monthly compensation at the intermediate rate between 38 U.S.C. § 1114 subsections (n) and (o) due to multiple service-connected disabilities independently rated at 50 percent or more.
- Granted
The Board has restored service connection for diabetes mellitus, type II and left leg and right leg peripheral neuropathy due to the clear and unmistakable error in the original grant of service connection. The Veteran had an official diagnosis of diabetes mellitus, type II.
- Dismissed
The Board has dismissed all claims due to the Veteran's death during the appeal process.
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