The Board has remanded the claims for a rating in excess of 20 percent for lumbosacral strain, left and right lower extremity radiculopathy, as well as the issue of entitlement to a TDIU prior to April 23, 2019. The Veteran is required to undergo an examination to assess the current severity of his service-connected back disability and radiculopathy.
The deciding factor: The Board found that there has not been substantial compliance with previous remand directives and instructed the AOJ to schedule a VA examination for the Veteran's service-connected back disability and radiculopathy. The examination was not accomplished, so it is necessary to reschedule the exam.
- Claimed conditions
- lumbosacral strain, left lower extremity radiculopathy, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2020
- Citation
- 20071610
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 service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Board granted a 20 percent rating for right leg sciatica with radiculopathy pain and paresthesia, but denied increased ratings for PTSD, lumbosacral strain, left wrist limitation of motion with ganglion cyst, and service connection for headaches, unspecified. Several issues were remanded.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
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