The Board remands the claims for increased ratings, TDIU, and SMC due to a pre-decisional duty-to-assist error in the evaluation of the Veteran's bilateral lower extremity radiculopathy.
The deciding factor: The examination did not consider the ameliorative effects of medication on the severity of the Veteran's bilateral lower extremity radiculopathy, necessitating an addendum opinion.
- Claimed conditions
- left lower extremity (LLE) radiculopathy, right lower extremity (RLE) radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2025
- Citation
- A25051622
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 a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for lumbar spine degenerative disc disease with intervertebral disc syndrome, left and right lower extremity radiculopathy, as well as special monthly compensation and total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied restoration of the 20 percent ratings for cervical spine strain, thoracolumbar strain, and right lower extremity radiculopathy due to improvement in the disabilities under ordinary conditions of life and work.
- Dismissed
The Board dismissed the claims for earlier effective dates for entitlement to service connection for left knee patellofemoral pain syndrome with tendinitis, lumbar spondylolisthesis and spondylosis, left lower extremity (LLE) radiculopathy, and allergic rhinitis.
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