The Board has remanded the Veteran's claims for an initial rating in excess of 20 percent for degenerative joint disease of the lumbosacral spine, higher initial rating for right lower extremity radiculopathy, and ratings for left lower extremity radiculopathies due to lack of compliance with examination requirements. The TDIU claim is also remanded.
The deciding factor: The Board found that the current examinations did not comply with VA regulations regarding range of motion testing and flare-ups, necessitating a new examination.
- Claimed conditions
- Degenerative joint disease of the lumbosacral spine, Right lower extremity radiculopathy, Left lower extremity radiculopathy of the femoral nerve, Left lower extremity radiculopathy of the sciatic nerve, Left lower extremity radiculopathy of the ilio-inguinal nerve, Left lower extremity radiculopathy of the external cutaneous nerve of the thigh
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19186834
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 Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Partly granted
The Veteran was granted a 40% rating for his low back condition and a 60% rating for left lower extremity radiculopathy of the sciatic nerve, while other claims were denied.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
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