The Board remands the claims for increased ratings for a lumbar spine disability and bilateral lower extremity radiculopathy disabilities due to an insufficient VA examination.
The deciding factor: The April 2019 VA examination did not comply with the mandates set forth in Sharp, Mitchell, or Correia, necessitating a new examination.
- Claimed conditions
- low back strain with degenerative changes, disk space narrowing, and L1 wedge deformity (lumbar spine disability), right lower extremity radiculopathy associated with low back strain, left lower extremity radiculopathy associated with low back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2020
- Citation
- 20063916
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.
- Partly granted
The appeal for service connection for left shoulder disability was granted in full, and the issues of entitlement to a rating higher than 10 percent for right hamstring tendonitis, left elbow bursitis, chronic left ankle sprain, and low back disability were denied or dismissed.
- Denied
The claim for Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 is denied because the Veteran did not meet the criteria of being continuously rated totally disabled for at least 10 years immediately preceding his death.
- Remanded (sent back)
The Board remands the issues of entitlement to service connection for an abdominal disorder and entitlement to an extraschedular evaluation for a service-connected low back strain with degenerative changes due to insufficient development and notice, as well as to provide additional evidence.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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