The Veteran's claims for a compensable rating for radiculopathy of the right lower extremity and a rating in excess of 10 percent for radiculopathy of the left lower extremity are being remanded due to an error in scheduling a VA examination prior to issuing a decision on his claim of worsening.
The deciding factor: The AOJ made a pre-decisional duty to assist error by issuing a decision prior to receiving the results of a relevant examination scheduled for the Veteran.
- Claimed conditions
- radiculopathy of the right lower extremity, radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 13, 2024
- Citation
- A24024907
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. Read the original VA decision (opens in a new tab) using citation A24024907.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his physical limitations could be accommodated by sedentary employment.
- Remanded (sent back)
The Board has denied service connection for radiculopathy of the left lower extremity and remanded the claim for adjustment disorder. The Veteran's radiculopathy is not shown to be related to his military service, while his adjustment disorder may be related to civilian life.
- Dismissed
The Board has dismissed all service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
- Remanded (sent back)
The Board has remanded the claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to a failure to provide adequate reasons or bases in the November 2024 decision as to whether the pre-decisional duty to assist had been satisfied.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.