The Board remands the Veteran's claims for an increased rating and service connection, as well as a TDIU claim, due to insufficient evidence regarding the severity of his back disability and potential radiculopathy.
The deciding factor: The Board finds that additional medical examinations are necessary to address the Veteran's reported pain and range of motion limitations, as well as to determine whether he meets the criteria for a diagnosis of lower extremity radiculopathy secondary to his service-connected lumbar spine disability.
- Claimed conditions
- residuals of a back injury, thoracic spine strain with spondylosis (back disability), lower extremity radiculopathy secondary to the Veteran's service-connected lumbar spine disability, individual unemployability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2024
- Citation
- 24002528
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 a restoration of the separate 10 percent rating for vertigo, an earlier effective date for service connection for vertigo and migraines, and a 30 percent rating for hypothyroidism with heart murmur. The decision also denied an earlier effective date for hypertension and remanded claims for obesity, obstructive sleep apnea, and individual unemployability.
- Dismissed
The appeal was dismissed due to the death of the appellant, and no substitute has been filed within the required timeframe.
- Denied
The Board denied service connection for residuals of a back injury, head injury, and neck injury as the evidence did not support that these injuries occurred during or while traveling from active duty.
- Remanded (sent back)
The Board remands the claims for service connection for PTSD, double depression, and individual unemployability as new and relevant evidence has been received to warrant reopening these claims.
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