The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for lumbar spine foraminal narrowing at L4-5 and total disability based on individual unemployability (TDIU) prior to due to incomplete development. The Veteran is currently shown to have multiple service-connected disabilities, but his combined rating does not meet the schedular criteria for TDIU.
The deciding factor: The Board found that further development was needed to address whether a higher rating is warranted based on intervertebral disc syndrome (IVDS) and to determine if the Veteran's unemployability due to service-connected disabilities warrants an extraschedular TDIU determination.
- Claimed conditions
- lumbar spine foraminal narrowing at L4-5 (low back disability), biceps tendonitis, femoral nerve radiculopathy right lower extremity, radiculopathy right lower extremity, sciatic nerve radiculopathy left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2020
- Citation
- 20007768
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.
- Granted
The Veteran's service-connected disabilities have met the schedular requirements for a TDIU since February 9, 2015, and an effective date of that date is granted.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent for radiculopathy affecting both lower extremities due to inadequate examination.
- Remanded (sent back)
The Board remands the claims for service connection for radiculopathy of both lower extremities and bilateral plantar fasciitis to obtain additional medical evidence regarding potential aggravation by a service-connected disability.
- Granted
The Veteran's service-connected disabilities, including bilateral flat feet with plantar fasciitis and degenerative arthritis, have rendered him unable to secure or follow a substantially gainful occupation, entitling him to special monthly compensation at the statutory housebound rate beginning December 23, 2020.
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.