The veteran is seeking an increased rating for his service-connected lumbosacral strain with radiculopathy, currently rated at 40 percent. The Board has determined that additional development and adjudication are needed due to the lack of consideration of DeLuca factors in the previous examination report.
The deciding factor: The veteran's claim requires a VA orthopedic examination to consider functional loss due to pain and other symptoms as well as whether the case warrants referral for an extra-schedular rating.
- Claimed conditions
- lumbosacral strain with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 9, 2000
- Citation
- 0029542
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 0029542.
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.
- Denied
The Board denied the veteran's claims for increased ratings and granted service connection for radiculopathy of the bilateral lower extremities as secondary to her service-connected lumbosacral strain.
- Granted
The Board has determined that the Veteran's lumbosacral strain with radiculopathy is related to an in-service car accident, and thus service connection is granted.
- Dismissed
The Veteran's appeal for increases in the 'staged' ratings assigned for his lumbosacral strain with radiculopathy has been dismissed due to his failure to provide necessary identifying information and releases for critical evidence needed to properly adjudicate his claim.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA decision and medical records.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.