The Board remands the claims for an increased rating and service connection due to pre-decisional duty to assist errors, requiring additional medical examinations and opinions.
The deciding factor: The August 2020 VA examination and October 2020 addendum were found inadequate as they did not provide sufficient range of motion estimates or a proper rationale for the conclusions drawn. Additionally, there was no adequate evidence provided to support the denial of service connection claims, necessitating further medical evaluation.
- Claimed conditions
- Osgood-Schlatter disease, sleep apnea (OSA), low back pain, right lower extremity sciatica, right drop foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2024
- Citation
- A24073917
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 increased ratings for left and right lower extremity sciatica but granted separate disability ratings for neuritis and neuralgia.
- Dismissed
The appeals for service connection and initial ratings were dismissed due to an untimely Notice of Disagreement (NOD) being filed more than one year after the November 2022 rating decision.
- Dismissed
The appeal for service connection for a lumbar spine disability was dismissed due to the untimely filing of the Notice of Disagreement.
- Granted
The Board granted service connection for peripheral neuropathy of the right and left upper and lower extremities, as well as right and left lower extremity sciatica.
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