The Board has remanded the Veteran's claims for an initial evaluation higher than 20 percent prior to June 15, 2013 and to an evaluation higher than 40 percent on and after that date for service-connected lumbar spine degenerative disc disease; entitlement to an initial evaluation higher than 40 percent for service-connected left leg radiculopathy; entitlement to an initial evaluation higher than 40 percent for service-connected right leg radiculopathy; entitlement to a separate evaluation for left leg radiculopathy prior to September 15, 2014; and entitlement to a separate evaluation for right leg radiculopathy prior to September 15, 2014. The Veteran's TDIU claim is also remanded.
The deciding factor: The Board found procedural errors in the previous decisions and ordered further action including obtaining private treatment records and clarifying whether lumbar radiculopathy existed prior to November 2007.
- Claimed conditions
- lumbar spine degenerative disc disease, left leg radiculopathy, right leg radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- 19175769
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 service connection for cervical and lumbar spine degenerative disc disease, left elbow sprain, right elbow enthesophyte, left knee strain and enthesophyte, right knee strain, and right leg radiculopathy but denied service connection for an acquired psychiatric disorder, including PTSD.
- Remanded (sent back)
The Board remands the claims for a higher rating in excess of the current ratings for various musculoskeletal conditions.
- Partly granted
The Board denied a compensable evaluation for hypertension and granted an increased rating of 20 percent for lumbar spine degenerative disc disease from April 13, 2022. The effective date for the right lower extremity radiculopathy was also granted as May 10, 2016.
- Denied
The Board denied the Veteran's claim for an effective date prior to September 20, 2018, for the award of service connection for lumbar spine degenerative disc disease.
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.