The Veteran's claims for increased ratings for degenerative disc disease, lumbar spine with arthritis; right lower extremity lumbar radiculopathy; and left lower extremity lumbar radiculopathy are being remanded due to the need for a new VA examination.
The deciding factor: The January 2013 VA examination was ambiguous regarding intervertebral disc syndrome (IVDS) and did not adequately assess the Veteran's current disability status, necessitating a new evaluation.
- Claimed conditions
- degenerative disc disease, lumbar spine with arthritis, right lower extremity lumbar radiculopathy, left lower extremity lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- 20069503
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 granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Partly granted
The Board reinstated the 50 percent disability rating for squamous cell carcinoma of the scalp with surgical scars, effective February 19, 2024. Service connection was also restored for lumbosacral strain and various radiculopathies.
- Granted
The Board granted initial 40 percent ratings for left and right lower extremity lumbar radiculopathy, but no higher.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.