The Board has remanded two issues: 1) the Veteran's claim for an initial rating in excess of 10 percent for her lumbar spine disability prior to October 4, 2019, and in excess of 20 percent thereafter; and 2) her claim for an initial rating in excess of 20 percent for radiculopathy of the left lower extremity. The remand is due to inadequate examination findings and the need for a new VA examination.
The deciding factor: The Board found that the previous VA examination was inadequate, particularly regarding range of motion testing and flare-ups assessment, which are crucial for determining the severity of the Veteran's lumbar spine disability and associated radiculopathy. The examiner did not conduct passive range of motion testing or estimate motion loss during periods of flare-ups.
- Claimed conditions
- lumbar spine disability, radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 18, 2020
- Citation
- 20054675
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 20054675.
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 service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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