The Veteran's appeal is remanded for further development, including a new VA examination to assess the severity of her thoracolumbar spine and right lower extremity radiculopathy conditions.
The deciding factor: The previous VA examinations were inadequate as they did not provide an opinion on whether pain, weakness, fatigability, or incoordination significantly limited functional ability during flare-ups or with repetitive use over a period of time. The Board requires clarification and additional evidence to determine the extent of such limitations.
- Claimed conditions
- Right lower extremity radiculopathy, Thoracolumbar spine intervertebral disc syndrome with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2019
- Citation
- 19188616
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19188616.
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.
- 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.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
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