The Board remands the claims for increased ratings and earlier effective dates for back, neck, bilateral upper extremity, and bilateral lower extremity disabilities, as well as TDIU and SMC based on the need for aid and attendance, due to the need for new examinations.
The deciding factor: Remand is required because a decision on the remanded increased rating claims could significantly impact decisions on the effective date, TDIU, and SMC issues, which are inextricably intertwined.
- Claimed conditions
- thoracolumbar spine disability, cervical spine disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2024
- Citation
- 24001812
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 Board granted earlier effective dates for TDIU and DEA, but denied increased ratings for various service-connected conditions.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
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