The claims for increased rating for low back disability and left lower extremity sciatica must be remanded due to inadequacy of a July 2021 VA examination addressing these disabilities.
The deciding factor: The examiner failed to address the impairment and impact on functioning during flare-ups or with repeated use over time, as required by law.
- Claimed conditions
- Degenerative joint/disc disease of the lumbar spine, Left lower extremity sciatica
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2022
- Citation
- 22000029
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 remands the claims for service connection for various conditions to correct a pre-decisional duty to assist error, including verifying in-service stressors and scheduling examinations.
- Denied
The Board denied the Veteran's claims for earlier effective dates for increased ratings and service connection, as well as remanded several new claims.
- Granted
The Board granted restoration of a separate 10 percent rating for residuals of a TBI, and restored the 10 percent disability evaluations for left and right lower extremity sciatica, as well as granting entitlement to a TDIU.
- Granted
The Board granted an initial rating of 40 percent for degenerative disc disease of the lumbar spine and effective dates of May 19, 2011, for right and left lower extremity sciatica.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.