The Board has remanded the cases due to inadequate VA examinations and requests for new evaluations.
The deciding factor: The examination reports are deemed insufficient, particularly regarding functional loss and radiculopathy assessment.
- Claimed conditions
- Degenerative disease of the lumbar spine, Left wrist fracture, Left shoulder injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2020
- Citation
- 20074579
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 Board granted service connection for PTSD and right hand scar, but denied service connection for other claimed conditions including diabetes type II, erectile dysfunction, headaches, heart disease, obstructive sleep apnea, left shoulder injury, left hand injury, lower back injury, right shoulder injury, upper back injury, and a compensable rating for bilateral hearing loss disability.
- Granted
The Board granted service connection for multiple conditions, including degenerative diseases of the cervical and lumbar spine, radiculopathies affecting various extremities, OSA, hepatic steatosis, and supraventricular arrhythmia.
- Granted
The Veteran's lumbar spine disability is rated at 10 percent for the period prior to August 6, 2019 and a rating of 40 percent is granted thereafter. Separate ratings are also granted for left and right lower extremity sciatic nerve radiculopathy.
- Denied
The Veteran's claim for an increased rating for her degenerative disease of the lumbar spine was denied. For the period prior to August 21, 2020, she is rated at 10 percent and for the period from August 21, 2020, she is rated at 20 percent.
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