The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development, including obtaining SSA disability benefit records and medical opinions regarding the onset of his lower extremity radiculopathy.
The deciding factor: The Board finds that there is a pre-decisional duty to assist error in not considering evidence submitted after the August 2020 Supplemental Statement of the Case (SSOC) but before the January 7, 2021, Board decision. The Veteran has reported symptoms consistent with lower extremity radiculopathy since the 1990s.
- Claimed conditions
- RLE radiculopathy of the femoral nerve, LLE radiculopathy of the femoral nerve, T-11 and T-12 compression fracture residuals with lumbar IVDS and degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 1, 2024
- Citation
- A24022549
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 A24022549.
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.
- Denied
The Veteran's claims for increased ratings for his bilateral lower extremity radiculopathy were denied as the evidence did not show levels of impairment sufficient to increase the ratings.
- Granted
The Veteran's service-connected disabilities have prevented him from securing or following substantial gainful employment since January 1, 2017.
- Denied
The Board denied the veteran's claims for earlier effective dates and increased ratings, as well as remanded certain issues.
- Granted
The Veteran is granted a total disability rating for individual unemployability due to service-connected disabilities and basic eligibility of Dependents' Educational Assistance (DEA) benefits as of April 12, 2016.
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