The Veteran's back disability and associated left lower extremity radiculopathy are being remanded for further evaluation due to inadequate examination in the previous rating decision.
The deciding factor: The VA examiner failed to adequately address the Veteran’s complaints of pain during flare-ups, which could significantly limit his functional ability.
- Claimed conditions
- Degenerative disc and joint disease of the lumbar spine, Left lower extremity lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2019
- Citation
- 19191520
Veterans Law Judge
Decisions by this judge: 1,614 · Granted: 35% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19191520.
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.
- Denied
The Board has denied the Veteran's claims for service connection for degenerative arthritis with abnormal curvature of the lumbar spine and left lower extremity lumbar radiculopathy, finding that there is no evidence to support a direct relationship between these conditions and his military service.
- Granted
The Board has restored the Veteran's disability rating for his lumbar spine disability from 40% to 40%, effective August 31, 2020. The reduction was improper due to lack of actual improvement in the Veteran's condition.
- Partly granted
The Veteran's claim for an automobile allowance was granted, while several other claims for increased ratings were denied. The Board also denied the claim for special monthly compensation based on the need for aid and attendance.
- Granted
The Veteran's service-connected disabilities, including generalized anxiety disorder and orthopedic conditions, preclude him from securing or following a substantially gainful occupation.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.