The Board remands the claims for service connection for degenerative disc disease with complete L4 laminectomy and posterior L2-S1 fusion and bilateral lower extremity radiculopathy as secondary to degenerative disc disease, due to pre-decisional errors in the duty to assist.
The deciding factor: Remand is necessary to obtain a new VA opinion that adequately addresses the Veteran's lay statements and post-service medical evidence regarding the onset of his back condition, as well as outstanding treatment records from 1980-1992.
- Claimed conditions
- Degenerative disc disease with complete L4 laminectomy and posterior L2-S1 fusion, Bilateral lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2024
- Citation
- A24068688
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 granted service connection for residuals of a traumatic brain injury and special monthly compensation based on the need of regular aid and attendance, while remanding the issue of service connection for a seizures disorder.
- Granted
The Board granted service connection for a low back disability and bilateral lower extremity radiculopathy, finding that the Veteran's current conditions were caused by his in-service injuries.
- Partly granted
The Board granted service connection for cervical and lumbar spine disabilities, headaches, and bilateral lower extremity radiculopathy. It also dismissed the claims for higher ratings of reactive airway disease, allergic rhinitis, and PTSD, denied service connection for CFS and TBI, and granted a 30% rating for IBS.
- Granted
The Board granted earlier effective dates for the grants of service connection for degenerative arthritis of the spine with bilateral sacroiliac joint dysfunction, injury of nerves at right wrist and hand level, neuritis of the musculocutaneous nerve (superficial peroneal), injury of nerves at right wrist and hand level, all radicular groups, and nerve damage to right wrist and hand (claimed as right wrist condition). Service connection for bilateral lower extremity radiculopathy was also granted as secondary to service-connected degenerative arthritis with sacroiliac joint dysfunction.
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