The Veteran's back disability is rated at 40 percent from September 27, 2019. The Board has remanded the case for further development regarding ratings prior to that date.,Prior to January 22, 2016, there was no diagnosis of radiculopathy in either lower extremity. Therefore, separate disability ratings are not available for this period.,From January 22, 2016, the Veteran is rated at 20 percent for both right and left lower extremity radiculopathy.,The case has been remanded to obtain a retrospective opinion regarding the severity of the back disability from May 16, 2010 to August 4, 2016.
The deciding factor: The Veteran's current rating is based on his service-connected back disability. The Board has ordered further development for ratings prior to September 27, 2019.,There was no diagnosis of radiculopathy in either lower extremity prior to January 22, 2016, so separate disability ratings are not available for this period.,The Veteran is currently rated at 20 percent for both right and left lower extremity radiculopathy. The case has been remanded to obtain a retrospective opinion regarding the severity of his back disability from May 16, 2010 to August 4, 2016.,The case was previously remanded in October 2014 and January 2019 for further development. The matter is now being addressed again due to insufficient prior examinations.
- Claimed conditions
- Back Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 15, 2020
- Citation
- 20060498
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 20060498.
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.
- Remanded (sent back)
The Board has determined that the VA rating decision denying service connection for a right knee disability and a back disability is not supported by adequate medical opinions, and thus remands the case for further development.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection of a left knee disability, back disability, and left elbow disability must be remanded due to inadequate VA examinations. The Veteran provided lay reports of symptoms but the VA examiners did not consider these reports in their conclusions.
- Remanded (sent back)
The Board has remanded the issues of service connection for right eye, left eye, left knee, and back disabilities due to conflicting statements from the Veteran and inconsistencies in his medical records.
- Denied
The Board denied the Veteran's claim of service connection for a back disability, finding that there was no evidence of an in-service injury or disease and that the current condition is not related to service.
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