The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for right lower extremity radiculopathy prior to December 18, 2009 and entitlement to TDIU prior to July 23, 2009 due to insufficient information regarding the severity of his radiculopathy. Additional development is needed including a VA medical opinion on the severity of his right lower extremity radiculopathy for the period prior to December 18, 2009 and an assessment of the significance of his use of Gabapentin.
The deciding factor: The Board found insufficient information regarding the Veteran's history of falls and the impact of medication on his symptoms, necessitating further development with a VA medical opinion.
- Claimed conditions
- Degenerative disc disease (lumbar spine), Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity, Right hip strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 17, 2020
- Citation
- 20054444
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 20054444.
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 denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it warrants a rating of 40 percent throughout the appeal period.,Service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral spine disability is granted. The Veteran's claim for an initial rating will be remanded for further evaluation.
- Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
- Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
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