The Veteran's right lower extremity radiculopathy is rated at 20 percent before July 23, 2018 and in excess of 20 percent from July 23, 2018. The Board has decided that the Veteran is not entitled to a higher rating for this condition.,The Veteran's lumbar spine disability is rated at 40 percent. The Board has decided that the Veteran is not entitled to an increased rating for this condition.,The Veteran's implanted cardiac pacemaker and his disability manifested by fatigue are both remanded due to inadequate examinations in previous decisions.,The Veteran's service connection claims for an implanted cardiac pacemaker and a disability manifested by fatigue are also remanded.
The deciding factor: The Board found that the evidence did not reflect moderately severe incomplete paralysis, which is required for a higher rating of 40 percent. The Veteran only exhibited moderate intermittent pain, constant pain, and numbness.,The VA spine examinations were inadequate as they failed to quantify the functional impact of flare-ups in terms of lost range of motion or explain why it was not possible despite available data.,The Board found that the August 2015 examination did not provide a rationale for finding the Veteran's cardiovascular disorder non-ischemic and whether it was related to military service on a direct basis. The Court requested clarification regarding ischemic nature and herbicide exposure as potential causes.,The September 2015 VA examination only addressed chronic fatigue syndrome, but did not adequately address the relevant medical history of the Veteran's disability manifested by body weakness and fatigue.
- Claimed conditions
- Right lower extremity radiculopathy, Gastroesophageal reflux disease (GERD), Lumbar spine disability, Implanted cardiac pacemaker, Fatigue
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 23, 2020
- Citation
- 20062539
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 20062539.
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 Veteran's appeal for service connection for Dupuytren's contracture of the left hand, right hand, and GERD is remanded due to inadequate VA examination opinions and failure to consider toxic exposure risk activities during service.
- Denied
The Veteran's GERD is currently rated at 10 percent disabling, but the Board found that his symptoms do not meet or approximate the criteria for a higher rating.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
- Denied
The Board has denied service connection for bladder cancer, gastroesophageal reflux disease (GERD), and chronic obstructive pulmonary disease (COPD) as there is no evidence to support a link between these conditions and the Veteran's military service.
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