The Veteran's appeal is being remanded for additional examinations to assess the current severity of his service-connected low back disability and radiculopathy of the right leg and right foot.
The deciding factor: VA regulations require that VA provide a contemporaneous examination when there is evidence of an increase in severity since the last examination, which suggests that the Veteran's disabilities may have worsened since his last examinations.
- Claimed conditions
- postoperative herniated nucleus pulposus, L5-S1, radiculopathy of the right leg and right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 23, 2014
- Citation
- 1423509
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 1423509.
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 Veteran's claim for a higher disability rating for postoperative herniated nucleus pulposus, L5-S1 was denied. The current 40 percent rating has been in effect since May 1, 1991 and is protected.
- Denied
The Veteran's claim for an increased evaluation and a total rating based on individual unemployability due to service-connected disability prior to September 9, 2009 was denied. The Board found that the evidence did not support a finding of entitlement to an evaluation in excess of 40 percent for his low back disability or a total rating based on individual unemployability.
- Granted
The veteran's lumbar spine disorder was rated at 40 percent prior to January 26, 1998. Effective January 26, 1998, the rating for his condition was increased to 60 percent.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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