The Veteran's claim for a higher rating for posttraumatic low back pain is denied.,The Veteran's claims for initial ratings in excess of 10 percent for right and left lower extremity radiculopathy are both denied.,The Veteran's claim for TDIU is remanded.
The deciding factor: The evidence does not show that the Veteran’s low back disability warrants a rating higher than 20 percent, as there was no ankylosis of the spine and no additional impairment attributable to functional loss.,There is no neurological manifestation of radiculopathy other than right and left lower extremity radiculopathy, which are currently rated at 10 percent each. The Veteran's radiculopathy is wholly sensory in nature and does not meet criteria for higher ratings under Diagnostic Code 8520.,The evidence did not show that the Veteran’s disability was so severe as to preclude all forms of substantially gainful employment.
- Claimed conditions
- posttraumatic low back pain, bilateral hearing loss, tinnitus (secondary to bilateral hearing loss), right lower extremity radiculopathy (secondary to posttraumatic low back pain), left lower extremity radiculopathy (secondary to posttraumatic low back pain)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2019
- Citation
- 19195188
Veterans Law Judge
Decisions by this judge: 1,772 · Granted: 37% (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 19195188.
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
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The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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