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
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.
- Denied
The Board denied the Veteran's request for an earlier effective date than December 31, 2021, for the award of service connection for IVDS of the lumbar spine.
- Remanded (sent back)
The Board remands the claims for further development, including a new VA examination to assess the current severity of the Veteran's service-connected lumbar spine and right hip disabilities.
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