The Veteran's lumbar spine disability is rated at 10 percent prior to April 1, 2018. A separate 10 percent rating for right lower extremity radiculopathy and a separate 10 percent rating for left lower extremity radiculopathy are granted effective July 17, 2017.,The Veteran's service connection claims for bilateral foot disability, bilateral wrist disability, and bilateral hand/knuckle disability remain pending. The TDIU claim is also pending.
The deciding factor: The evidence does not show ankylosis of the entire spine or incapacitating episodes of at least six weeks during the past 12 months for a rating in excess of 50 percent for the lumbar spine disability prior to April 1, 2018.
- Claimed conditions
- Lumbar Spine Disability, Bilateral Lower Extremity Radiculopathy, Varicose Veins of the Right Lower Extremity, Varicose Veins of the Left Lower Extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2018
- Citation
- 18160135
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 18160135.
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 Veteran's service-connected degenerative arthritis of the cervical spine, lumbar disc disease, bilateral lower extremity radiculopathy, bilateral knee strains, residuals of a left ankle concussion, and bilateral pes cavus are found to be related to his obstructive sleep apnea. His claim for restoration of a 30 percent evaluation for degenerative arthritis of the cervical spine is granted.
- Denied
The Veteran's bilateral hearing loss is rated as noncompensable prior to August 19, 2024 and at a 20% rating since that date.,The Veteran's depressive disorder is rated as 30% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's lumbar spine disability is rated as 20% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's left lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's right lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's left lower extremity femoral nerve radiculopathy is rated as 20% since August 3, 2024.,The Veteran's right ankle disability is rated as 10% prior to August 27, 2024 and at a 20% rating since that date.
- Denied
The Board denied the appellant's eligibility for direct payment of fees from past due benefits awarded in a July 2024 rating decision granting an increased PTSD rating and TDIU.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased rating and service connection due to alleged errors in the May 2021 VA examination, including failure to conduct range of motion testing. The AOJ is instructed to obtain an addendum VA medical opinion addressing the severity of the Veteran's back disability throughout the appeal period and a VA examination regarding bilateral lower extremity radiculopathy.
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