The Veteran's claims for increased disability ratings and TDIU have been remanded due to duty-to-assist errors in obtaining relevant medical records and conducting adequate VA examinations.
The deciding factor: The pre-decisional duty-to-assist errors include failure to obtain all pertinent private treatment records, including those related to the use of over-the-counter medications and prescribed medical marijuana. Additionally, the VA examinations did not adequately address the severity of the Veteran's symptoms during flare-ups and discounted the ameliorative effects of medication.
- Claimed conditions
- lumbosacral strain with degenerative arthritis, spondylosis and muscle spasms, posttraumatic stress disorder (PTSD) and major depressive disorder, anxious distress with mixed features, right ankle sprain with instability, right lower extremity radiculopathy, femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2026
- Citation
- A26001449
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 A26001449.
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 has remanded the Veteran's claims for service connection and increased rating for various conditions, including allergic rhinitis, sleep apnea, degenerative disc disease of the lumbar spine, lower extremity radiculopathies, and left lower extremity radiculopathy with foot drop. The issues include determining if these conditions are related to service or other factors.
- Denied
The Veteran's claim for higher ratings for his service-connected back disability, bilateral lower extremity radiculopathies, and hypertension was denied. The rating for IVDS with bilateral facet arthropathy thoracolumbar spondylosis is not met as the evidence did not show forward flexion to 60 degrees or less, combined range of motion of 120 degrees or less, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, or ankylosis (or its functional equivalent).,The Veteran's claims for higher ratings for his service-connected right and left lower extremity radiculopathies were not met as the evidence did not show at least moderate incomplete paralysis of the femoral nerve or sciatic nerve. The rating for hypertension was also denied.
- Dismissed
The Veteran's appeal for an earlier effective date for the right ankle sprain with instability has been withdrawn, and thus the case is dismissed.
- Denied
The Veteran's claims for earlier effective dates for service connection of left and right lower extremity radiculopathy, femoral nerve are denied as the earliest evidence indicating these conditions is from August 21, 2020.
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