The Board has remanded the Veteran's claims for a higher rating for his service-connected lumbar strain with spondylosis and associated bilateral radiculopathy due to inadequate examination findings.
The deciding factor: The VA examiner was unable to adequately address functional limitations during flare-ups, as required by law.
- Claimed conditions
- lumbar strain with spondylosis, bilateral radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19186545
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.
- Partly granted
The Board granted a 30 percent rating for the Veteran's stress fracture, mid-distal femur, right leg with limited flexion and restored the 30 percent rating for the Veteran's stress fracture, mid-distal femur, right leg with limitation of abduction and rotation. The other claims were denied.
- Remanded (sent back)
The Board remanded the case for further development to obtain a retrospective medical opinion addressing functional loss during flareups and with repeated use over time prior to June 2021, as the previous opinions did not provide sufficient information regarding the Veteran's functional loss.
- Denied
The Board denied an increased rating for the Veteran's lumbar strain with spondylosis and left lower extremity radiculopathy, finding that the evidence did not support a higher disability rating.
- Denied
The Board denied an increased rating for the Veteran's lumbar strain with spondylosis and left lower extremity radiculopathy, finding that the evidence did not support a higher disability rating.
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