The Board remands the claims for service connection for degenerative arthritis of the spine and left lower extremity radiculopathy as secondary to a back disability due to missing records and an inadequate VA examination.
The deciding factor: Remand is required due to a pre-decisional duty to assist error in failing to get an adequate VA opinion, and because the May 2019 VA examination was based on an inaccurate factual premise.
- Claimed conditions
- Degenerative arthritis of the spine, Left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2025
- Citation
- A25029691
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 Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Granted
The Board granted service connection for degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), and foraminal stenosis based on a finding that these conditions are related to the Veteran's military service.
- Remanded (sent back)
The Board remands the claim for service connection for degenerative arthritis of the spine to obtain a new medical opinion that considers an in-service injury after appropriate efforts are made to obtain the appellant's service treatment records.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.