The Veteran's claims for increased ratings of his service-connected lumbar spine disability, sciatic radiculopathies of the bilateral lower extremities, and femoral radiculopathies are remanded due to inadequate examination findings. The AOJ is instructed to schedule a new VA examination and obtain any outstanding VA treatment records.
The deciding factor: The previous VA examination did not include range of motion testing in weight-bearing and nonweight-bearing conditions, nor did it address the Veteran's reports of flare-ups during examinations and treatment visits.
- Claimed conditions
- multi-level degenerative joint disease lumbar spine, multi-level degenerative disc lumbar spine (lumbar spine disability), left lower extremity L4 sensory radiculopathy of the sciatic nerve (sciatic radiculopathy of left lower extremity), right lower extremity L4 sensory and S1 motor radiculopathy (sciatic radiculopathy of the right lower extremity), left lower extremity femoral nerve, right lower extremity femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2021
- Citation
- 21068863
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 21068863.
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 Veteran's service-connected conditions do not result in loss of use of the bilateral lower extremities, and therefore he is not entitled to special monthly compensation based on such.
- Remanded (sent back)
The Board remands the claims for higher initial ratings of the service-connected sciatic and femoral nerves in the lower extremities due to an inadequate VA examination.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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