The Board remands the claims for service connection for cervical radiculitis and lumbar radiculitis due to a pre-decisional duty to assist error by failing to request the Veteran's Tennessee Air National Guard (TN ANG) service records and STRs, as well as inadequate VA examinations.
The deciding factor: Remand is necessary to obtain the Veteran's TN ANG personnel records and STRs and to obtain adequate VA examinations and medical opinions due to a pre-decisional duty to assist error.
- Claimed conditions
- cervical radiculitis, lumbar radiculitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2024
- Citation
- A24069840
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 service connection for cervical radiculitis, degenerative disc disease with broad-based bulging disc at L4-5 with spinal stenosis, and medial epicondylitis of the left and right sides. The claim seeking entitlement to service connection for migraine headaches was dismissed. The claims for chronic dry eyes, plantar fasciitis, and fibromyalgia were remanded.
- Partly granted
The veteran's claims for service connection for cervical radiculitis and headaches associated with photophobia were granted. The claims for right wrist condition, left wrist condition, and sleep apnea were remanded.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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