The Veteran is granted TDIU, but the effective date for service connection of left lower extremity radiculopathy remains April 20, 2009.,The Board has found that a disability rating in excess of 40 percent for chronic low back pain with degenerative changes and service connection for bilateral upper extremity disability secondary to service-connected low back pain are both remanded.
The deciding factor: The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, warranting TDIU. However, the effective date for left lower extremity radiculopathy remains April 20, 2009 as it was first diagnosed at that time.,VA needs to obtain authorization and request outpatient records from a non-VA physician treating the Veteran's back pain. A VA examination is also needed to assess the current severity of his service-connected back disability.
- Claimed conditions
- chronic low back pain with degenerative changes, left lower extremity radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2018
- Citation
- 18142709
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 18142709.
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.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Denied
The Board denied the veteran's claims for earlier effective dates and higher ratings, finding that the evidence did not support an earlier date of entitlement or a higher rating based on the current medical findings.
- Partly granted
The Board granted initial disability ratings of 40 percent for right and left lower extremity radiculopathy, a 20 percent rating for lumbar spine disability, denied an increased rating for obstructive sleep apnea with asthma, granted TDIU from May 7, 2021, and SMC from September 10, 2021.
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