The Board has remanded the Veteran's claims for a rating in excess of 40 percent for degenerative disc disease of the lumbar spine, an initial rating in excess of 10 percent for radiculopathy of the left and right lower extremities, and entitlement to TDIU from July 1, 2007 to May 10, 2010 due to difficulties contacting the Veteran for VA examinations.
The deciding factor: The Board found that significant difficulty was encountered in scheduling the necessary VA examinations due to the Veteran's homelessness and failure to provide current contact information. The Board decided to remand these claims once more to ensure compliance with VA’s duty to assist by providing proper notification and an opportunity for the Veteran to appear for the examinations.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Radiculopathy of the left lower extremity, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2019
- Citation
- 19106008
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 19106008.
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 extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
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