The Veteran's thoracolumbar spine disability is currently rated at 40 percent from October 9, 2012 to September 12, 2016. The Board has remanded the issues of increased ratings for his lower extremity radiculopathy and left knee disability, as well as service connection for residuals of a head injury.
The deciding factor: The Veteran's symptoms during flare-ups resulted in functional loss more closely approximating forward flexion to less than 30 degrees from October 9, 2012 to September 12, 2016. The Board has also remanded the issues of increased ratings for his lower extremity radiculopathy and left knee disability, as well as service connection for residuals of a head injury.
- Claimed conditions
- {"condition_name":"Thoracolumbar Spine Disability"}, {"condition_name":"Left Lower Extremity Radiculopathy"}, {"condition_name":"Right Lower Extremity Radiculopathy"}, {"condition_name":"Left Knee Disability"}, {"condition_name":"Head Injuries (including any associated scars and headaches)"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2019
- Citation
- 19178617
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.
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The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
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- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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