The Veteran's appeal for an increased disability rating 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 the appellate issue of chronic low back pain/strain as well as the inextricably intertwined issues of bilateral lower extremity radiculopathy and lumbosacral scar.
The deciding factor: The Veteran's appeal is remanded due to the need for a new SSOC addressing all relevant issues, including the appropriate disability ratings assigned for the appellate issue of chronic low back pain/strain as well as the inextricably intertwined issues of bilateral lower extremity radiculopathy and lumbosacral scar.
- Claimed conditions
- chronic low back pain/strain, L5-S1 disc degeneration and herniation, left lower extremity radiculopathy, right lower extremity radiculopathy, lumbosacral region scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 4, 2019
- 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.
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Partly granted
The Board granted initial disability ratings of 40 percent for right and left lower extremity radiculopathy, a 20 percent rating for lumbar spine disability, denied an increased rating for obstructive sleep apnea with asthma, granted TDIU from May 7, 2021, and SMC from September 10, 2021.
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