The Board remanded the issues of entitlement to earlier effective dates for RLE and LLE radiculopathy service connection awards, finding that the AOJ failed to reconsider these claims under 38 C.F.R. § 3.156(c) after receipt of relevant official service department records. The Board remanded for a VA medical opinion to determine whether the radiculopathy onset occurred prior to September 15, 1999.
The deciding factor: The Board found the AOJ erred by not reconsidering the radiculopathy claims and determining the date entitlement arose after the low back condition claim was reopened based on newly received service records, requiring remand for a medical opinion on onset date and correction of the regulatory duty.
- Claimed conditions
- right lower extremity (RLE) radiculopathy, left lower extremity (LLE) radiculopathy, lumbar spine degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 10, 2025
- Citation
- A25106528
Veterans Law Judge
Decisions by this judge: 2,240 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A25106528.
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.
- Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
- Dismissed
The Veteran's appeals for earlier effective dates and increased ratings were dismissed as the appeal requests were not timely filed.
- Dismissed
The Veteran withdrew his appeal, so the Board dismissed it.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection have been dismissed due to his withdrawal of the appeal.
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