The Veteran's initial rating for his service-connected low back disability is granted at a 40 percent, but no higher. The case is remanded for further action on the issues of entitlement to separate ratings for radiculopathy and TDIU.
The deciding factor: The June 2016 VA examiner did not address whether the Veteran's DDD and/or bilateral lower extremity radiculopathy was aggravated by his service-connected lumbar strain with spondylolysis and spondylolisthesis, which is required for a complete evaluation of these issues.
- Claimed conditions
- Low back disability, Radiculopathy of the bilateral lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2019
- Citation
- 19144815
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 service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability and arthritis, to include bilateral hips and knees, due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, left hip disability, right hip disability, prostate disability, and kidney cancer due to inadequate medical opinions and potential outstanding VA treatment records.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, left hip disability, right hip disability, prostate disability, and kidney cancer due to inadequate medical opinions and potential outstanding VA treatment records.
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