The Board remands the issues of entitlement to increased ratings for various disabilities due to pre-decisional duty-to-assist errors.
The deciding factor: The AOJ committed multiple pre-decisional duty-to-assist (DTA) errors, including failing to consider new evidence and not providing a VA examination.
- Claimed conditions
- Intervertebral disc syndrome (IVDS) and arthritis of the lumbar and thoracic spine, Radiculopathy, left lower extremity (sciatic nerve), Left upper extremity radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2024
- Citation
- A24068112
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 Board denied an initial compensable rating for a residual scar from cervical fusion on the basis of disfigurement and granted an initial 10 percent rating based on pain. The Board also denied initial ratings in excess of 20 percent for intervertebral disc syndrome of the cervical spine with spinal fusion and stenosis, as well as right and left upper extremity radiculopathy.
- Remanded (sent back)
The Board remands the claims for additional development, including obtaining private treatment records and scheduling VA examinations to assess the severity of the Veteran's disabilities from May 7, 2013, to August 5, 2019.
- Partly granted
The Board denied service connection for bilateral hearing loss and remanded the claims for other specified depressive disorder, generalized anxiety disorder, somatic symptom disorder, alcohol use disorder, left hip condition, left knee condition, left lower extremity radiculopathy, left upper extremity radiculopathy, right hip condition, right knee condition, right lower extremity radiculopathy, right upper extremity radiculopathy, shin splints, left leg, shin splints, right leg, and traumatic brain injury (TBI) for further development.
- Granted
The Board granted service connection for a left ankle disorder and assigned initial ratings of 40 percent, but no higher, for right upper extremity radiculopathy and 30 percent, but no higher, for left upper extremity radiculopathy.
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.