The Veteran's lumbar spine disability is rated at 10 percent, and separate ratings for RLE radiculopathy and LLE radiculopathy are granted. The Veteran's right knee injuries are each rated at 10 percent.,The Board has determined that the evidence does not support a higher rating for the Veteran's lumbar spine disability or his right knee injuries. However, the issues of separate ratings for RLE radiculopathy and LLE radiculopathy are remanded as there is conflicting medical evidence regarding these conditions.,The Veteran's right knee injuries are each rated at 10 percent. The Board has determined that additional evidence may be needed to determine if a higher rating is warranted.
The deciding factor: The preponderance of the evidence does not support finding forward flexion of the thoracolumbar spine not greater than 60 degrees or combined range of motion of the thoracolumbar spine not greater than 120 degrees, which would be required for a higher rating under DC 4.71a.,The preponderance of the evidence does not support finding muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis, which would be required for a higher rating under DC 4.71a.,Additional evidence may be needed to determine if the Veteran's right knee injuries are causing persistent instability that requires a brace and/or assistive device (e.g., cane(s), crutch(es), walker) or bracing for ambulation, which would be required for higher ratings under DC 5257.
- Claimed conditions
- lumbar spine disability, right knee injury, traumatic arthritis, limited painful motion, right knee injury, traumatic arthritis, instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2021
- Citation
- 21076195
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 21076195.
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.
- 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.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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