The Board remands the claims for higher ratings and TDIU due to incomplete examination reports and the need for further clarification.
The deciding factor: Incomplete range of motion data and lack of clarity on neurological manifestations necessitate a new examination.
- Claimed conditions
- thoracolumbar spine facet arthropathy and arthritis, right lower extremity lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 6, 2021
- Citation
- 21062158
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 reinstated the 50 percent disability rating for squamous cell carcinoma of the scalp with surgical scars, effective February 19, 2024. Service connection was also restored for lumbosacral strain and various radiculopathies.
- Granted
The Board granted initial 40 percent ratings for left and right lower extremity lumbar radiculopathy, but no higher.
- Granted
The Board granted earlier effective dates of November 21, 2019, for the grants of service connection for spinal stenosis associated with intervertebral disc syndrome, left and right lower extremity radiculopathy, and left knee tendinitis. The claim for an earlier effective date for special monthly compensation based on housebound criteria was denied.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral knee disabilities, lumbar strain disability, and lower extremity radiculopathy disabilities due to an inadequate VA examination.
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