The Board has remanded the Veteran's appeal for further development, including obtaining VA treatment records and scheduling examinations to assess his lumbar spine disorder and right and left lower extremity radiculopathy. The issues of an initial rating of more than 40 percent for chronic lumbosacral strain with IVDS and spinal stenosis, entitlement to TDIU since November 25, 2015, entitlement to SMC based on the need for regular aid and attendance, and entitlement to SMC under 38 U.S.C. § 1114(s) are all remanded.
The deciding factor: The Board has determined that further development is needed due to the Veteran's lumbar spine disorder potentially requiring regular aid and attendance, necessitating updated VA examinations.
- Claimed conditions
- chronic lumbosacral strain with intervertebral disc syndrome (IVDS) and spinal stenosis, right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 23, 2021
- Citation
- 21009622
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21009622.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
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