The Veteran's lumbar spine disability and associated radiculopathy are being remanded for further evaluation due to the need for a retrospective medical opinion regarding the range of motion of his back.
The deciding factor: The Board finds that additional evidence is needed to accurately assess the current extent of the Veteran’s service-connected lumbar spine disability and associated radiculopathy, as the prior examination did not provide sufficient detail on these factors.
- Claimed conditions
- lumbar spine degenerative disc disease with intervertebral disc syndrome, radiculopathy of the right lower extremity (right leg radiculopathy), radiculopathy of the left lower extremity (left leg radiculopathy)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2019
- Citation
- 19181643
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 issues of entitlement to increased ratings for lumbar spine degenerative disc disease with intervertebral disc syndrome, left and right lower extremity radiculopathy, as well as special monthly compensation and total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the veteran's request for an earlier effective date for service connection for both a back disability and a psychiatric disability, finding no clear and unmistakable error in prior rating decisions.
- Denied
The Board denied earlier effective dates for the awards of a 20 percent rating for cervical spine degenerative joint disease and a 40 percent rating for lumbar spine degenerative disc disease and intervertebral disc syndrome, finding that the appropriate effective date is November 22, 2020.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a disability rating and service connection due to incomplete examinations, lack of opinion regarding secondary service connection, and need for additional development.
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