The Board remands the claims for further development, including obtaining SSA records and scheduling an examination to assess the severity of the Veteran's service-connected disabilities.
The deciding factor: Remand is necessary due to a pre-decisional error in not attempting to obtain relevant SSA records and because the June 2023 examination did not consider the ameliorative effects of medications used by the Veteran.
- Claimed conditions
- left lower extremity radiculopathy of the femoral nerve, right lower extremity radiculopathy of the femoral nerve, left lower extremity radiculopathy of the sciatic nerve, degenerative arthritis of the spine with spinal fusion, spondylolisthesis and intervertebral disc syndrome (IVDS), scars, residual of lumbar spine surgery
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 1, 2025
- Citation
- A25040235
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 service connection for obstructive sleep apnea and voiding dysfunction as residuals of a stroke, and granted initial ratings for the back disability, left shoulder disability, and left lower extremity radiculopathy. The claims for earlier effective dates for hypertension and stroke were denied.
- Partly granted
The Board restored the 60% rating for degenerative arthritis and IVDS of the lumbar spine, status post fusion, with stenosis and spondylolisthesis. The claims for increased ratings for bilateral lower extremity radiculopathies were denied.
- Denied
The Board denied service connection for hemorrhoids, scars, low back disability, left ankle disability, left and right shoulder disabilities, and left and right hip disabilities as the evidence did not show that the Veteran had these conditions or related symptoms during the appeal period.
- Partly granted
The Board denied earlier effective dates for service connection and denied increased ratings, but granted service connection with an effective date of January 16, 2018, and a TDIU beginning April 18, 2017.
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