The Board has determined that further development is necessary before a decision on the merits may be made regarding the issues of entitlement to an initial disability rating in excess of 10 percent for lumbar degenerative disc disease and entitlement to an initial disability rating in excess of 10 percent, each, for bilateral lower extremity radiculopathy. The Veteran was last provided a VA examination relating to his low back and lower extremities in February 2013, over six years ago. In the July 2019 appellant's brief, the Veteran’s representative stated that the Veteran’s condition has increased in severity. Therefore, a new VA examination is required so that the current nature and severity of the Veteran’s service-connected disabilities at issue may be determined.
The deciding factor: The Board found that further development was necessary due to the passage of time since the last VA examination and the Veteran's representative's assertion of increased severity in his condition.
- Claimed conditions
- lumbar degenerative disc disease, radiculopathy, left lower extremity, radiculopathy, right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2019
- Citation
- 19166922
Veterans Law Judge
Decisions by this judge: 2,374 · Granted: 19% (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 19166922.
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.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
- Denied
The Board denied service connection for tinnitus, lower back condition, radiculopathy of the right and left lower extremities, and bilateral hearing loss.,There is no evidence linking these conditions to service.
- Dismissed
The Board has dismissed all appeal issues as the Veteran withdrew his appeals prior to a decision being made.
- Granted
The Board has granted service connection for migraines, lumbar degenerative disc disease with associated lower extremity radiculopathy, and right and left lower extremity radiculopathy. Service connection is denied for left hip strain and right hip strain.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.