The Board has remanded the claims for a rating in excess of 40 percent for back disability, an initial rating in excess of 20 percent for right lower extremity radiculopathy, and an initial rating in excess of 20 percent prior to March 7, 2013 for left lower extremity radiculopathy. The claim for a rating in excess of 40 percent from March 7, 2013 for LLE radiculopathy is also remanded with an additional request for extraschedular consideration.
The deciding factor: The Board has determined that the claims require further development to obtain outstanding treatment records and determine if referral for extraschedular consideration is warranted.
- Claimed conditions
- Degenerative disc disease of the lumbosacral spine, Right lower extremity radiculopathy, Left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 30, 2019
- Citation
- 19196760
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 19196760.
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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