The Board remands the claims for an initial rating in excess of 10 percent for a back disability and service connection for bilateral lower extremity radiculopathy as secondary to the back disability due to duty to assist errors.
The deciding factor: Remand is necessary to obtain outstanding private medical treatment records and schedule a new VA examination to determine the nature and etiology of the claimed bilateral lower extremity radiculopathy disability.
- Claimed conditions
- low back degenerative disc disease (back disability), bilateral lower extremity radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2025
- Citation
- A25044317
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.
- Remanded (sent back)
The Board remands the claims for initial ratings higher than the assigned percentages for service-connected conditions, including migraine headaches, bilateral carpal tunnel syndrome, lumbosacral strain, and bilateral lower extremity radiculopathy.
- Partly granted
The Veteran was granted special monthly compensation (SMC) based on the need for regular aid and attendance, SMC at the M level based on loss of use of the lower extremities, and SMC at the O level based on the award of SMC L and SMC M. The claim for SMC based on housebound status was dismissed as moot.
- Partly granted
The Board granted service connection for a back disability and bilateral lower extremity radiculopathy, but denied service connection for chronic fatigue syndrome, chronic sinusitis, bilateral hand tremors, and bilateral restless leg syndrome. The Board also granted an increased rating of 50 percent for obstructive sleep apnea.
- Denied
The Board denied the veteran's claims for service connection and increased ratings, finding no evidence of a current disability or sufficient link to military service.
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