The Board has remanded the claims for a higher rating for post-operative degenerative disc disease of the thoracolumbar spine with strain and for an initial rating in excess of 40 percent for right lower extremity radiculopathy, including consideration of special monthly compensation (SMC) for loss of use of the foot prior to September 4, 2017. Further development is required as additional evidence has been added to the record.
The deciding factor: Additional relevant evidence was added to the record and a remand is necessary for its consideration.
- Claimed conditions
- post-operative degenerative disc disease of the thoracolumbar spine with strain, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 14, 2019
- Citation
- 19111423
Veterans Law Judge
Decisions by this judge: 1,350 · Granted: 26% (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 19111423.
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 appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
- Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
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