The Board remands the claims for an increased rating and service connection due to a duty to assist error in the adjudication process.
The deciding factor: Remand is necessary to correct pre-decisional duty to assist errors related to the Veteran's lumbar spine disability and radiculopathy of the bilateral lower extremities.
- 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
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2024
- 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.
- Granted
The Board granted service connection for multiple spinal conditions and a right foot disorder, effective from the date of the September 2024 rating decision.
- Granted
The Board granted service connection for a neck disability, back disability, and bilateral lower extremity lumbar radiculopathy based on the Veteran's in-service motor vehicle accidents.
- Partly granted
The Board granted service connection for right knee strain, left knee strain, lumbar radiculopathy of the right lower extremity, and lumbar radiculopathy of the left lower extremity. It also granted initial ratings for various disabilities including a 20 percent rating for lumbar degenerative disc disease with intervertebral disc syndrome, spondylosis, and spondylolisthesis, a 30 percent rating for labral tear, including superior labral anterior-posterior lesion, status post surgical repair, and higher ratings for other conditions.
- Remanded (sent back)
The Board remands the claim for an increased rating in excess of 30 percent for lumbar radiculopathy of the left lower extremity prior to September 6, 2023, as a medical opinion is necessary to determine the severity of the Veteran's condition.
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.