The Board has decided that the appellant is not eligible for direct payment of agent fees based on past-due benefits awarded in a June 2018 rating decision, which granted service connection for degenerative disc disease and degenerative joint disease of the lumbar spine with spondylolisthesis and for right and left lower extremity radiculopathy. The case is being remanded to ensure full compliance with contested claims procedures.
The deciding factor: The Veteran must be provided the contents of the appellant's April 2020 VA Form 9, informed of his right to a hearing, and his representation rights as per contested claims procedures.
- Claimed conditions
- degenerative disc disease, degenerative joint disease of the lumbar spine with spondylolisthesis, right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2024
- Citation
- 24002222
Veterans Law Judge
Decisions by this judge: 1,772 · Granted: 37% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24002222.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
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