The Board has remanded the case due to a duty-to-assist error, specifically failing to secure an appropriate examination and/or opinion regarding whether the Veteran's service-connected disabilities cause loss of use of his feet/legs. The claim is being returned for further action.
The deciding factor: VA failed to properly notify the Veteran of an in-person VA examination and did not attempt to obtain an addendum opinion based on review of the file, leading to a duty-to-assist error.
- Claimed conditions
- lumbar spine disability, bilateral lower extremity radiculopathy, diabetic peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 14, 2024
- Citation
- A24046578
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 A24046578.
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 has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Remanded (sent back)
The Board has found the eligibility determination for PCAFC enrollment to be legally inadequate and remanded for a new medical opinion that adequately addresses the criteria for eligibility as set forth in VA regulations.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
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