The Veteran's claim for a higher rating and separate ratings for radiculopathy due to his lumbar spondylosis is being remanded as the current VA examination did not account for potential flare-ups of the disability, which may affect its severity.
The deciding factor: The examiner failed to inquire about periods of flare-ups that could impact the Veteran's functional impairment and range of motion.
- Claimed conditions
- lumbar spondylosis, radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 8, 2021
- Citation
- 21013094
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 21013094.
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.
- Remanded (sent back)
The Veteran's appeal for a compensable disability rating for service-connected migraine headaches is remanded due to the need for further evaluation and consideration.
- Granted
The Board has granted the Veteran's claim for service connection for a lumbar disorder, diagnosed as lumbar spondylosis and L3-L4 disc herniation status post hemilaminectomy (s/p) right L3-4 hemilaminectomy with diskectomy. The Board found that there is sufficient evidence to establish a nexus between the Veteran's current disability and his military service.
- Remanded (sent back)
The Veteran's claim for SMC based on loss of use of both lower extremities is being remanded due to a failure to obtain relevant private medical records. The AOJ will consider these records when readjudicating the claim.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error and the need for clarification of the Veteran's service periods. The Veteran is diagnosed with lumbosacral strain and lumbar spondylosis, and the claim will be reconsidered based on new evidence.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.