The Board has remanded three issues related to the Veteran's lumbar spine disability and associated radiculopathy of the lower extremities due to inadequate examinations, in particular regarding functional loss during flare-ups.
The deciding factor: The examination reports did not comply with the requirements set forth in Sharp v. Shulkin (2017) for assessing functional impairment due to flare-ups.
- Claimed conditions
- Degenerative disc disease associated with osteoarthritis, L4-5 and L5-S1 (lumbar spine disability), Radiculopathy of the left lower extremity (LLE), Radiculopathy of the right lower extremity (RLE)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2020
- Citation
- 20030029
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 20030029.
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 Board has granted an initial disability rating of 20 percent for radiculopathy of the right lower extremity and left lower extremity, finding moderate incomplete paralysis of the sciatic nerves.
- Denied
The Board denied the Veteran's claims for increased ratings for his back disability and radiculopathy of both lower extremities, finding that the evidence did not support a higher rating based on current functional impairment or incapacitating episodes.
- Partly granted
The Board granted an initial 70 percent rating for PTSD with TBI, a 20 percent rating effective July 13, 2023 for degenerative arthritis of the thoracolumbar spine and thoracic disc degeneration, and a separate 10 percent rating effective July 13, 2023 for radiculopathy of the right lower extremity. The Board denied higher ratings for cervical spine conditions, bilateral upper extremity radiculopathy, and other conditions including hearing loss, fractured finger, and deviated nasal septum, while remanding two issues for further consideration.
- Denied
The appeal for an initial rating in excess of 10 percent left peroneal nerve impairment and the propriety of separate ratings for radiculopathy of the right and left lower extremities were denied.
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