The Board remands the claims for a rating in excess of 20 percent prior to November 19, 2018 and in excess of 30 percent thereafter for cervical strain, and a rating in excess of 10 percent prior to September 8, 2015 and in excess of 20 percent thereafter for right lower extremity radiculopathy.
The deciding factor: The examinations from April 2014 and December 2018 were found inadequate as they did not address the Veteran's symptoms during flareups or after repeated use over time, and failed to explain why they could not provide an opinion without resorting to speculation. The Board must also consider whether the radiculopathy is the functional equivalent of ankylosis.
- Claimed conditions
- Cervical strain, Right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2024
- Citation
- 24033180
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 Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, as the evidence did not show that his service-connected disabilities alone were of such nature and severity to preclude him from securing or following substantially gainful employment.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
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