The Veteran's cervical strain claim is denied as there is no diagnosed condition.,Prior to September 29, 2017, the Veteran’s radiculopathy of the right lower extremity was rated at 10 percent. Beginning September 29, 2017, it has been rated at 40 percent.,The Veteran's hernia scar is currently rated at 10 percent and remanded for further evaluation.,Osteoarthritis of the lumbar spine was previously rated at 10 percent prior to September 29, 2017. Beginning that date, it has been rated at 20 percent.
The deciding factor: The evidence does not show a current diagnosis for cervical strain.,The radiculopathy of the right lower extremity was evaluated as mild prior to September 29, 2017 and moderately severe beginning that date. The Veteran's symptoms do not meet criteria for higher ratings.,The hernia scar is currently rated at 10 percent due to pain but does not meet criteria for a higher rating under the applicable diagnostic codes.,Osteoarthritis of the lumbar spine was previously evaluated as 10 percent and has been remanded with no indication of current severity warranting an increase.
- Claimed conditions
- Cervical strain, Radiculopathy of the right lower extremity, Hernia scar, Osteoarthritis of the lumbar spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2019
- Citation
- 19171072
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 19171072.
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 extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- Granted
The Board has granted service connection for cervical strain, low back disability, bilateral upper extremity peripheral nerve disability, and bilateral lower extremity peripheral nerve disability. The conditions are related to the Veteran's active service.
- Granted
Service connection for PTSD, to include depression is granted.,Service connection for blisters of bilateral feet is denied.,Service connection for cervical strain is denied.,Service connection for headaches is denied.,Service connection for right shoulder rotator cuff injury is denied.,Service connection for chest injury and lumbar strain are remanded.
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