The Board remands the claims for further development of evidence, specifically to obtain private radiology and chiropractic records.
The deciding factor: The AOJ's failure to obtain certain pre-decisional duty to assist errors necessitates a remand for these records.
- Claimed conditions
- thoracolumbar degenerative disc disease with sacro-coccygeal strain, right lower radiculopathy, left lower radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2025
- Citation
- A25025568
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 several claims for increased ratings and granted a 20 percent rating for the left ankle disability, while denying all other claims.
- Granted
The Board grants an earlier effective date of April 2, 2020, but no earlier, for the awards of service connection for left lower extremity radiculopathy; right lower extremity radiculopathy; status post arthroscopy right knee limitation of flexion; increased disability rating for status post arthroscopy right knee; and an increased disability rating for chronic back pain, degenerative arthritis of the lumbar spine and spinal stenosis.
- Granted
The Board granted earlier effective dates of August 12, 2020, for the service-connected right and left lower radiculopathy.
- Dismissed
The Board dismissed the appeal of a proposed rating reduction for degenerative arthritis, lumbar spondylolisthesis and the appeals for entitlement to increased ratings for right and left lower radiculopathy as the Veteran withdrew his appeals.
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