The Board has determined that additional medical examinations are needed to assess the current severity of the Veteran's service-connected conditions, including adjustment disorder with mixed anxiety and depressed mood, degenerative disc disease lumbar spine, left lower extremity radiculopathy, right lower extremity radiculopathy, and left ankle lateral collateral ligament sprain with osteoarthritis. The Board has also determined that a remand is necessary for the issue of entitlement to a total disability rating based on individual unemployability prior to May 9, 2016.
The deciding factor: The Veteran's service-connected conditions have worsened and additional medical evidence is needed to determine their current severity.
- Claimed conditions
- Adjustment Disorder with Mixed Anxiety and Depressed Mood, Degenerative Disc Disease, Lumbar Spine, Left Lower Extremity Radiculopathy, Right Lower Extremity Radiculopathy, Left Ankle Lateral Collateral Ligament Sprain with Osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 11, 2019
- Citation
- 19178181
Veterans Law Judge
Decisions by this judge: 1,886 · Granted: 24% (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 19178181.
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 bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Granted
The Veteran's appeal for an increased rating of 70 percent for service-connected Adjustment Disorder with Mixed Anxiety and Depressed Mood is granted. The remaining issues are remanded for further evaluation.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate opinions in the current file, and thus the Veteran's claim for service connection for an acquired psychiatric disability will be reconsidered with new evidence.
- Remanded (sent back)
The Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
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