The Board remands the case to obtain medical records related to physical therapy for the Veteran's lumbar degenerative disc disease and left lower extremity radiculopathy, as these records were not previously associated with the Veteran's VA electronic file.
The deciding factor: Remand is necessary due to a pre-decisional duty to assist error in not obtaining relevant treatment records prior to adjudication of the Veteran's claims.
- Claimed conditions
- lumbar degenerative disc disease (back disability), left lower extremity radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2025
- Citation
- A25049315
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 earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Partly granted
The Board granted initial disability ratings of 40 percent for right and left lower extremity radiculopathy, a 20 percent rating for lumbar spine disability, denied an increased rating for obstructive sleep apnea with asthma, granted TDIU from May 7, 2021, and SMC from September 10, 2021.
- Denied
The Board denied the veteran's claims for service connection, increased ratings, and earlier effective dates as there was no evidence to support a causal relationship between his current conditions and his active military service.
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