The Board remands the claims for increased ratings and a TDIU due to incomplete evidence regarding the Veteran's treatment records.
The deciding factor: Incomplete medical records from the Veteran's private physician need to be obtained before a decision can be made on the claims.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Right lower extremity radiculopathy (sciatic nerve), Right lower extremity radiculopathy (femoral nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2024
- Citation
- 24003295
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 Board granted service connection for a lumbar spine disability, finding that the Veteran's current degenerative arthritis of the lumbar spine is related to an in-service bicycle accident.
- 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.
- Denied
The Board denied higher disability ratings for the veteran's low back and lower extremity radiculopathies, pseudofolliculitis barbae, pes planus and plantar fasciitis, and left knee patellofemoral pain syndrome.
- Partly granted
The Board granted an effective date of January 21, 2022, for the award of service connection for PTSD and a rating of 10 percent for right lower extremity radiculopathy (sciatic nerve) effective December 20, 2022.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.