The Board has decided to remand the claims for a higher disability rating for spinal stenosis and radiculopathy due to inadequate examination findings, specifically regarding range of motion, functional loss, and pain in weight bearing.
The deciding factor: The decision was remanded because the previous examination did not adequately address the Veteran's limitation in range of motion, functional loss, and pain in weight bearing as required by Correia v. McDonald and Sharp v. Shulkin.
- Claimed conditions
- spinal stenosis with degenerative disc disease L4-L5 lumbar spine, with spondylosis and dextro-scoliosis, and thoracic spondylosis, bilateral lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2021
- Citation
- 21073484
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 21073484.
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 found the eligibility determination for PCAFC enrollment to be legally inadequate and remanded for a new medical opinion that adequately addresses the criteria for eligibility as set forth in VA regulations.
- Granted
The Veteran is granted an effective date of December 10, 2015 for total disability rating based on individual unemployability (TDIU) and basic eligibility to Dependents' Educational Assistance (DEA). The decision also grants earlier effective dates for these benefits.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection of a low back disability and bilateral lower extremity radiculopathy, finding inadequate medical opinions due to failure to consider all relevant evidence.
- Granted
For the period prior to October 29, 2021, SMC under 38 U.S.C. § 1114(s) based on housebound status is denied.,For the entire appeal period, SMC under 38 U.S.C. § 1114(l) based on need of regular aid and attendance is granted.
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