The Board has determined that there were duty to assist errors in the adjudication of the Veteran's claims for increased rating and service connection. The issues are being remanded to correct these errors.
The deciding factor: There were duty to assist errors in the adjudication of the Veteran's claims, specifically regarding the relationship between his service-connected dextroscoliosis and nonservice-connected lumbar spine conditions like DDD, DJD, and spondylosis.
- Claimed conditions
- dextroscoliosis of the lumbar spine, lumbar radiculopathy of the left lower extremity, lumbar radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2024
- Citation
- A24063605
Veterans Law Judge
Decisions by this judge: 1,828 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24063605.
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.
- Remanded (sent back)
The Board has remanded the case due to a failure by the AOJ to notify the Veteran of his right to a pre-decisional hearing before the AOJ.
- Denied
The Board has determined that the Veteran's claimed conditions, including prostate cancer, hypertension, diabetes mellitus, type II, diabetic nephropathy and end stage renal disease with dialysis, diabetic peripheral neuropathies of various extremities, erectile dysfunction, lumbar spine strain with degenerative arthritis and intervertebral disc syndrome, and bilateral knee replacements, do not meet the criteria for service connection based on direct evidence or presumptive exposure to herbicide agents. The Board also found that there was no qualifying exposure to toxic environmental exposures during service.
- Remanded (sent back)
The Board is remanding the claims for service connection and effective dates earlier than March 20, 2020 due to duty to assist errors and a request for a good cause extension of time limits.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for a special home adaptation grant as they do not result in anatomical loss or use of both hands, blindness in both eyes, deep partial thickness burns, full thickness or subdermal burns, or residuals of an inhalation injury.
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