The Board remands the claims for service connection for a neck disability, right upper extremity radiculopathy, left ankle disability, right ankle disability, left foot disability, and right foot disability to correct pre-decisional duty-to-assist errors by obtaining relevant outstanding treatment records and for examinations and opinions addressing the nature and etiology of the Veteran's current disabilities.
The deciding factor: The AOJ committed duty-to-assist errors in not obtaining adequate medical opinions regarding the claims, including failing to address aggravation and causation related to service-connected disabilities.
- Claimed conditions
- neck disability, right upper extremity radiculopathy, left ankle disability, right ankle disability, left foot disability, right foot disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2024
- Citation
- A24070903
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 earlier effective dates for TDIU and DEA, but denied increased ratings for various service-connected conditions.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
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