Remanded (sent back)
The Board remanded the veteran's claims for a rating in excess of 40 percent for left and right lower extremity radiculopathy, as well as entitlement to special monthly compensation (SMC) based on loss of use of both legs. The Board found that an adequate VA examination was not conducted.
The deciding factor: The Board remanded the claims due to a pre-decisional duty to assist error, specifically the failure to obtain an adequate VA examination regarding the Veteran's bilateral lower extremity radiculopathy and asserted loss of use of both legs.
- Claimed conditions
- left lower extremity radiculopathy, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2025
- Citation
- A25001335
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