The Veteran's claim for a higher rating for his back disability is denied. The claims for increased ratings for left and right lower extremity radiculopathy, as well as the TDIU claim are remanded due to new evidence.
The deciding factor: New evidence shows that the Veteran has had incapacitating episodes of IVDS with prescribed bed rest totaling 6 weeks over the past year, warranting a higher rating under the IVDS Rating Formula.
- Claimed conditions
- Degenerative Joint Disease L5-S1, Left Lower Extremity Radiculopathy, Right Lower Extremity Radiculopathy and Numbness, Right Knee Status Post Medial Meniscectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 9, 2018
- Citation
- 18125236
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 18125236.
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 Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Granted
The Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Granted
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