The Veteran's claims for increased ratings for multilevel lumbar spondylosis with herniated disc at L4-L5 and left lumbar radiculopathy are being remanded due to the need for additional examination.
The deciding factor: The VA examination in August 2012 did not meet the requirements of Correia, which necessitates an assessment of the extent of functional impairment resulting from pain on movement.
- Claimed conditions
- multilevel lumbar spondylosis with herniated disc at L4-L5, left lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 6, 2019
- Citation
- 19109495
Veterans Law Judge
Decisions by this judge: 1,762 · Granted: 24% (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 19109495.
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.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal.
- Denied
The Board denied service connection for right and left lumbar radiculopathy as the underlying primary low back disability is not an adjudicated service-connected condition.
- Remanded (sent back)
The Veteran's claims for service connection for sleep apnea, transient global amnesia, tinnitus, and PTSD have been denied. The Board has found that there is no competent evidence of these conditions during the pendency of the claim.,For the lumbar spine disability, the Veteran was granted service connection but a higher rating remains in dispute.
- Denied
The Board denied service connection for chronic sinusitis, fibromyalgia, and CFS. The Veteran's hearing loss, lumbar spine disability, radiculopathy, shoulder disability, knee meniscal tear, knee limitation of extension, knee scars, GERD, allergic rhinitis, asthma, and PTSD were also not rated higher than their current levels.
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