The Veteran's lumbosacral degenerative joint and disc disease is rated at 40 percent, but the Board has remanded for further evaluation due to worsening symptoms. The TDIU claim is also being remanded.
The deciding factor: The current VA examination was not conducted in conjunction with the rating decision, necessitating a new one to assess the severity of the Veteran's lumbosacral disability and associated radicular symptoms.
- Claimed conditions
- lumbosacral degenerative joint and disc disease, lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 4, 2019
- Citation
- 19124965
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 the Veteran's claims for eligibility for specially adapted housing, a special home adaptation grant, and financial assistance in purchasing an automobile or other conveyance and adaptive equipment. The claim of CUE in the September 14, 2017, rating decision was also denied.
- Dismissed
The veteran withdrew his appeal for service connection for lumbar spine disc disease with fusion residuals, chronic pain syndrome, and lumbar radiculopathy.
- Partly granted
The Board granted service connection for lumbar radiculopathy but denied it for genitourinary kidney problem blood in urine, sleep apnea (OSA), cervical radiculopathy neck, and eye injury.
- Granted
The Board granted service connection for lumbosacral strain, herniated disc, and lumbar radiculopathy as secondary to the Veteran's service-connected bilateral foot hammer toes with callousing and hallux valgus.
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