The Veteran's appeal is being remanded to obtain additional medical opinions and examinations regarding his service-connected disabilities, including DJD of the thoracolumbar spine, DJD of the left ankle, chondromalacia patella of the left knee, chondromalacia patella of the right knee with degenerative changes, and radiculopathy of the left lower extremity.
The deciding factor: The Joint Motion for Partial Remand has identified several issues that require additional development to ensure compliance with the duty to assist. These include obtaining clarifying opinions regarding the Veteran's right lower extremity radiculopathy, addressing the potential applicability of DC 5275 for a leg-length discrepancy, and providing updated VA examinations to assess the severity of his left and right knee disabilities.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the thoracolumbar spine, DJD of the left ankle, Chondromalacia patella of the left knee, Chondromalacia patella of the right knee with degenerative changes, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2015
- Citation
- 1549225
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 1549225.
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 extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Board has remanded the claims for service connection for various joint and back disabilities due to a lack of VA examinations, which were required by the Veterans Court. The Veteran's assertions include injuries from falls during service and wear and tear from his job as a bridge crewmember.
- Remanded (sent back)
The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it warrants a rating of 40 percent throughout the appeal period.,Service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral spine disability is granted. The Veteran's claim for an initial rating will be remanded for further evaluation.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
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