The Board has remanded the Veteran's claims for a rating in excess of 20 percent, from July 29, 2014, to October 27, 2019, and in excess of 60 percent thereafter, for lumbosacral strain and IVDS; as well as initial ratings of 10 percent, from August 27, 2013, to October 28, 2019, and in excess of 40 percent thereafter, for radiculopathy of the left and right lower extremities. The remand includes obtaining additional medical evidence and conducting a new examination.
The deciding factor: The Board found that it had jurisdiction to address the appropriate ratings for the Veteran's lower extremity radiculopathy claims without requiring a separate notice of disagreement as to these issues, given their relationship to his spinal disability claim. The remand also includes addressing whether October 2019 was the appropriate date for the increased rating for the Veteran's back disability.
- Claimed conditions
- lumbosacral strain, intervertebral disc syndrome (IVDS), left lower extremity radiculopathy, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2021
- Citation
- 21063271
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 21063271.
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 Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Dismissed
The Veteran's appeal for a higher rating for right foot disability status post Mitchell's bunionectomy is granted with an effective date of July 25, 2023.,The Veteran's appeal for a higher rating for left foot disability status post Mitchell's bunionectomy is dismissed as it does not meet the criteria for an earlier effective date.
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