The Veteran's left lumbar sensory radiculopathy and IVDS of the lumbar spine were previously rated, but a remand is required to obtain additional information about functional loss during flare-ups prior to October 20, 2016.,An initial disability rating in excess of 10 percent for left lumbar sensory radiculopathy, L3-L4 associated with IVDS of the lumbar spine beginning April 30, 2009 is granted.
The deciding factor: The VA examiner's assessment was insufficient to determine the extent of functional loss during flare-ups prior to October 20, 2016.
- Claimed conditions
- Left lumbar sensory radiculopathy, Intervertebral disc syndrome (IVDS) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2019
- Citation
- 19181168
Veterans Law Judge
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 19181168.
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 remands the claims for a cervical spine disability and lumbar spine disability as further development is needed to obtain an adequate medical opinion.
- Remanded (sent back)
The Board remands the service connection claims for intervertebral disc syndrome (IVDS) of the lumbar spine, left lower extremity sciatica secondary to IVDS, bilateral plantar fasciitis, a left ankle condition, a left foot condition, and hypertension due to duty-to-assist errors.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining relevant private treatment records and securing an addendum medical opinion to assess the historical severity of the Veteran's lumbar spine disability.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment since January 31, 2013. Effective October 8, 2019, the Veteran is granted a TDIU.
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