The Veteran's back disability resulted in a separate rating of 20 percent for right lower extremity radiculopathy as of February 2, 2017, and a separate 10 percent rating for left lower extremity radiculopathy as of April 3, 2019. The Veteran's claims for increased ratings prior to August 21, 2015, and in excess of 20 percent thereafter are remanded. The Veteran's claim for service connection for an acquired psychiatric disorder is also remanded.
The deciding factor: The Board found the evidence did not support a higher rating for the Veteran's back disability prior to August 21, 2015, and in excess of 20 percent thereafter due to lack of objective findings supporting such. The claims for service connection for an acquired psychiatric disorder are remanded as they involve conflicting diagnoses and etiology.
- Claimed conditions
- Lumbosacral strain with degenerative arthritis of the spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 7, 2022
- Citation
- 22006867
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 22006867.
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 Veteran is granted a total disability rating for individual unemployability due to service-connected disabilities and basic eligibility of Dependents' Educational Assistance (DEA) benefits as of April 12, 2016.
- Granted
The Veteran's TDIU claim is granted for the period beginning May 1, 2020, as he has a combined disability rating of 100% due to service-connected disabilities and was unable to secure or follow substantially gainful employment.
- Granted
The Veteran's claims for increased ratings and service connection were denied. The right wrist disability was rated at 10 percent, while the back disability received a 10 percent rating.
- Remanded (sent back)
The Veteran's claim for a right arm condition is denied as there is no evidence of an in-service injury or disease, and the current disability is not related to service.,The effective date for the grant of service connection for lumbosacral strain with degenerative arthritis of the spine is denied because the earliest communication prior to November 6, 2014 did not constitute a claim for this condition.,Service connection for bilateral feet disability and bilateral degenerative joint disease/arthritis of the knees secondary to service-connected lumbosacral strain with degenerative arthritis of the spine is remanded due to inadequate etiology opinions in the June 2015 VA examination.,The Veteran's claim for an initial rating in excess of 40 percent for service-connected lumbosacral strain with degenerative arthritis of the spine is remanded as the January 2015 VA Back Conditions Disability Benefits Questionnaire did not provide information on additional limitation of motion due to flare-ups or repeated use over time.,The Veteran's claim for an acquired psychiatric disability is remanded.
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