The case is remanded for a new VA examination to assess the current severity of the Veteran's lumbar spine disability and associated radiculopathy, as well as his entitlement to TDIU. The issues are related and inextricably intertwined.
The deciding factor: The previous VA examinations did not comply with the requirements set forth in Correia v. McDonald and Sharp v. Shulkin, necessitating a new examination.
- Claimed conditions
- lumbar spine, radiculopathy, right lower extremity, radiculopathy, left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2019
- Citation
- 19103983
Veterans Law Judge
Decisions by this judge: 1,861 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19103983.
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 service connection for tinnitus, lower back condition, radiculopathy of the right and left lower extremities, and bilateral hearing loss.,There is no evidence linking these conditions to service.
- Dismissed
The Board has dismissed all appeal issues as the Veteran withdrew his appeals prior to a decision being made.
- Granted
The Board has granted service connection for thoracolumbar spine and secondary service connection for radiculopathy of the right and left lower extremities, finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's active-duty service.
- Dismissed
The Veteran withdrew his appeal for increased rating claims for lumbar spine and bilateral knee disabilities, so the case is dismissed.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.