The Veteran's right leg radiculopathy and degenerative arthritis of the lumbar spine were found to be present prior to March 29, 2013. The Board granted a separate evaluation for right leg radiculopathy from the beginning of the appeal period. The issues regarding IVDS and degenerative arthritis of the lumbar spine are remanded.
The deciding factor: The Veteran's right leg radiculopathy was present prior to March 29, 2013, as evidenced by positive straight leg raise test but normal sensory function at a previous VA examination. The Board found that a separate evaluation for right leg radiculopathy is warranted from the beginning of the appeal period.
- Claimed conditions
- Right leg radiculopathy, Degenerative arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2020
- Citation
- 20072268
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 a lumbar spine disability, finding that the Veteran's current degenerative arthritis of the lumbar spine is related to an in-service bicycle accident.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 10 percent for degenerative arthritis of the lumbar spine to correct a duty to assist error.
- Denied
The Board denied service connection for a low back disability, neurological impairments of the upper extremities, and dismissed the TDIU claim as moot.
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