The Veteran's appeal for an increased disability rating in excess of 10 percent for his service-connected chronic low back pain/strain with L5-S1 disc degeneration and herniation, status post microdiskectomy, with subjective radiculopathy is remanded. The case must be returned to the AOJ to issue a new SSOC addressing the appropriate disability ratings assigned for this issue as well as inextricably intertwined issues of bilateral lower extremity radiculopathy and lumbosacral scar.
The deciding factor: The Veteran's appeal was not fully addressed due to the AOJ failing to discuss the newly service-connected issues in the SSOC, which were deemed inextricably intertwined with the appellate issue.
- Claimed conditions
- chronic low back pain/strain, L5-S1 disc degeneration and herniation, subjective radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 4, 2019
- Citation
- 19176969
Veterans Law Judge
Decisions by this judge: 1,890 · Granted: 32% (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 19176969.
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 decided to remand the case due to inadequate medical opinion regarding the appellant's back disability. The claim will be reconsidered with a new examination and evaluation.
- Remanded (sent back)
The Veteran's appeal is remanded for another VA examination to assess the current severity and manifestations of his service-connected chronic low back pain/strain with L5-S1 disc degeneration and herniation, status post microdiskectomy, with subjective radiculopathy. The case will be reviewed after completing the necessary development.
- Granted
The Veteran's chronic lumbosacral strain with degenerative disc changes and subjective radiculopathy has been rated at 20 percent since the date of service connection, March 31, 2010.
- Denied
The Board found that the veteran's left foot and lumbar spine disabilities do not meet or approximate the criteria for higher ratings under the applicable diagnostic codes.
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