The Veteran's claim for a higher rating for his service-connected thoracolumbar strain with spondylosis is denied. The issues of initial ratings higher than 20 percent and 10 percent for the right lower extremity radiculopathy and left lower extremity radiculopathy are remanded.
The deciding factor: The Veteran does not have unfavorable ankylosis of his entire thoracolumbar spine, which is a requirement for a higher rating than 40 percent under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- thoracolumbar strain with spondylosis, right lower extremity radiculopathy (previously evaluated as right lower extremity sciatica), left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 26, 2018
- Citation
- 18114236
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 18114236.
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.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
- Denied
The Board has determined that the Veteran does not have left lower extremity radiculopathy or any related symptoms causing impairment in earning capacity during the appeal period, and therefore service connection for this condition is denied.
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