The Veteran's service-connected degenerative disc disease of the lumbar spine is rated at 40 percent, effective December 1, 2016.,The Veteran's left lower extremity radiculopathy is currently rated at 40 percent, effective December 1, 2016. Her right lower extremity radiculopathy is currently rated at 10 percent.
The deciding factor: VA must provide a medical examination if the evidence indicates the existence of a current disability or persistent or recurrent symptoms of a disability that may be associated with an event, injury, or disease in service, and the record does not contain sufficient medical evidence to decide the claim.,The Veteran's right lower extremity radiculopathy is currently rated at 10 percent. Given her March 2019 testimony and the evidence obtained since her December 2011 VA examination, a new VA examination is necessary to obtain responsive etiological opinions regarding the Veteran’s right knee and left knee disabilities.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Total left knee replacement, Total right knee replacement
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 26, 2019
- Citation
- 19149753
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (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 19149753.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Granted
The Veteran's service-connected disabilities, including his bilateral lower extremity conditions and PTSD, resulted in a loss of use of both lower extremities such that he is entitled to specially adapted housing.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
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