The Board has found that the VA examination was inadequate and in need of clarification, specifically regarding the proper aggravation standard. The Veteran's lumbar spine herniation at L5-S1 with bilateral lower extremity radiculopathy is alleged to have pre-existed his period of INACDUTRA service from August 19, 2011 to August 21, 2011 and the VA examiner must address whether it was clearly and unmistakably not aggravated beyond its natural progression by an in-service injury, event, or illness.
The deciding factor: The Board found that the January 2019 VA examination did not substantially comply with the February 2018 remand directives by not addressing the proper aggravation standard.
- Claimed conditions
- lumbar spine herniation at L5-S1, bilateral lower extremity radiculopathy
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2019
- Citation
- 19182432
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 initial ratings higher than the assigned percentages for service-connected conditions, including migraine headaches, bilateral carpal tunnel syndrome, lumbosacral strain, and bilateral lower extremity radiculopathy.
- Partly granted
The Veteran was granted special monthly compensation (SMC) based on the need for regular aid and attendance, SMC at the M level based on loss of use of the lower extremities, and SMC at the O level based on the award of SMC L and SMC M. The claim for SMC based on housebound status was dismissed as moot.
- Partly granted
The Board granted service connection for a back disability and bilateral lower extremity radiculopathy, but denied service connection for chronic fatigue syndrome, chronic sinusitis, bilateral hand tremors, and bilateral restless leg syndrome. The Board also granted an increased rating of 50 percent for obstructive sleep apnea.
- Denied
The Board denied the veteran's claims for service connection and increased ratings, finding no evidence of a current disability or sufficient link to military service.
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