The Board has determined that further development is necessary before the claims can be adjudicated due to incomplete medical examinations and remanded issues. The Veteran's service-connected lumbar spine, cervical spine, and radiculopathy disabilities are being reviewed for increased ratings.
The deciding factor: The examination reports from the February 2011 and September 2014 VA examinations were not consistent with the April 2019 remand directives regarding passive range of motion testing and estimation of range of motion loss during flare-ups. The November 2019 examiner did not provide passive range of motion testing, while the October 2020 examiner failed to provide a retroactive estimation of range of motion loss during flare-ups.
- Claimed conditions
- lumbosacral spine degenerative joint and disc disease with coccygeal region strain, cervical disk disease, right lower extremity sciatic nerve radiculopathy, left lower extremity sciatic nerve radiculopathy, left lower extremity femoral nerve radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 9, 2021
- Citation
- 21041480
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 21041480.
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 Board has determined that there are pre-decisional duty-to-assist errors in the Veteran's claims for increased ratings for bilateral lower extremity femoral nerve radiculopathy, and thus remands the case to obtain addendum medical opinions.
- Granted
The Veteran's left lower extremity sciatic nerve radiculopathy was granted a disability rating of 40 percent, effective June 25, 2024. The decision found that the condition manifested with an incomplete paralysis of the sciatic nerve that was moderately severe.
- Granted
The Veteran's claim for a TDIU was granted with an effective date of May 3, 2016. The decision is based on the Veteran's service-connected disabilities including his CFS and adjustment disorder.
- Granted
The Board has granted earlier effective dates of February 24, 2023 for the Veteran's 20% ratings for left and right lower extremity sciatic nerve radiculopathy and his entitlement to TDIU.
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