The Board has remanded the Veteran's claims for increased evaluations and TDIU due to his service-connected lumbar spondylosis and associated radiculopathy. The Veteran needs a VA examination to assess the current severity of his disabilities, including any flare-ups.
The deciding factor: The Veteran's lumbar spine disability and associated radiculopathy need further evaluation as per Correia v. McDonald (2016) due to lack of joint testing for pain on active and passive motion during periods of flare-ups.
- Claimed conditions
- lumbar spondylosis, radiculopathy, right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2019
- Citation
- 19126415
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 claim for a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities, while severe, do not render him unable to obtain or maintain a gainful occupation.
- Granted
The Board granted service connection for diabetes mellitus type II, hypertension, hypothyroidism, prostate cancer, sleep apnea secondary to service-connected diabetes mellitus, tinea pedis, and lumbar spondylosis.
- Remanded (sent back)
The Board remands the claims for a total disability rating based on individual unemployability due to service-connected disabilities and special monthly compensation based on aid and attendance, pending implementation of an earlier effective date for urge incontinence.
- Partly granted
The Veteran's claim for an earlier effective date of May 1, 2018, for the award of service connection for radiculopathy, right lower extremity, was granted. The appeal for an earlier effective date for TDIU was dismissed as moot.
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.