The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development regarding his lumbar spine degenerative arthritis status post L5-S1 laminectomy.
The deciding factor: The VA examiner is needed to provide updated range of motion findings for pain on both active and passive motion, as well as weight-bearing and nonweight-bearing motions, with measurements of the opposite undamaged joint.
- Claimed conditions
- lumbar spine degenerative arthritis status post L5-S1 laminectomy, right lower extremity (RLE) radiculopathy, left lower extremity (LLE) radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 26, 2019
- Citation
- 19165886
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 19165886.
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.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Remanded (sent back)
The Board remanded the issues of entitlement to earlier effective dates for RLE and LLE radiculopathy service connection awards, finding that the AOJ failed to reconsider these claims under 38 C.F.R. § 3.156(c) after receipt of relevant official service department records. The Board remanded for a VA medical opinion to determine whether the radiculopathy onset occurred prior to September 15, 1999.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for lumbar spine degenerative disc disease with intervertebral disc syndrome, left and right lower extremity radiculopathy, as well as special monthly compensation and total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied restoration of the 20 percent ratings for cervical spine strain, thoracolumbar strain, and right lower extremity radiculopathy due to improvement in the disabilities under ordinary conditions of life and work.
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