The Board has remanded several issues including earlier effective dates for LLER and RLER, higher ratings for back disability and radiculopathy, and a TDIU claim due to inextricably intertwined issues. The Veteran's service-connected conditions include LLER, RLER, and back disability.
The deciding factor: The Board found that the criteria for an earlier effective date were not met and remanded several other claims including higher ratings and a TDIU determination.
- Claimed conditions
- left lower extremity radiculopathy (LLER), right lower extremity radiculopathy (RLER), lumbar spine scoliosis, degenerative disc disease, and lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 3, 2021
- Citation
- 21067098
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 21067098.
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.
- Denied
The Board has denied the Veteran's claims for service connection for bilateral plantar fasciitis, headaches, left shoulder pain, right shoulder pain, LLER as secondary to lower back condition, and RLER as secondary to lower back condition. The appeals are all denied.
- Partly granted
The Board granted service connection for right knee strain, osteoarthritis, and patellofemoral pain syndrome, a left hip condition, and a right eye injury to include double vision. The Board also granted ratings of 30 percent for migraine headaches prior to December 13, 2021, and 20 percent from March 26, 2022, for left lower extremity radiculopathy (LLER).
- Granted
The Veteran's LLER was granted a 40 percent rating as of September 12, 2020. Prior to this date, the claim for an increased rating was denied.,A 60 percent rating for asthma was granted as of September 12, 2020. The Veteran's BHL is assigned a non-compensable rating.
- Denied
The Veteran's claims for increased ratings for his lower back strain, right and left knee strains, right and left lower extremity radiculopathies, tinea pedis of the fourth and fifth toes on the left foot, and a verruca on the right forearm have been denied. The current 40 percent rating for the combined conditions is maintained.
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.