The Board remands the issues of entitlement to service connection for a back condition, left lower extremity radiculopathy, and trigger finger deformities of the left thumb and ring finger due to duty-to-assist errors in the prior VA examinations.
The deciding factor: Remand is necessary as the previous VA examiners did not adequately consider the Veteran's lay statements and detailed descriptions of his duties during service, which are consistent with other records. The AOJ must provide an adequate medical opinion based on a review of the claims file and consideration of all relevant evidence.
- Claimed conditions
- Lumbar spine disability (back condition), Left lower extremity radiculopathy, Trigger finger deformity of the left thumb, Trigger finger deformity of the left ring finger
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2024
- Citation
- 24001203
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.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Partly granted
The Board granted service connection for a separate 50 percent initial rating for insomnia as secondary to tinnitus, and denied an increased rating for tinnitus. The Board also granted service connection for headache disability, low back disability, left lower extremity radiculopathy, cervical spine disability, and right upper extremity radiculopathy.
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