The Board has remanded three issues related to increased ratings for radiculopathy associated with degenerative disc disease of the lumbar spine. The main reason is that there was not substantial compliance with previous remand directives regarding these issues, specifically concerning whether a finding of mild narrowing of the L4-5 disc space noted in x-rays and VA examinations was indicative of existing radiculopathy.
The deciding factor: The Board found that the previous remand did not address the correlation between 'mild narrowing of the L4-5 disc space' and radiculopathy, as well as the Veteran's earlier reports of radiating pain.
- Claimed conditions
- right lower extremity radiculopathy associated with degenerative disc disease of the lumbar spine, left lower extremity radiculopathy associated with degenerative disc disease of the lumbar spine, left femoral nerve radiculopathy associated with degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 23, 2022
- Citation
- 22010384
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 22010384.
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.
- Partly granted
The Board granted a rating of 20 percent for right and left lower extremity radiculopathy associated with degenerative disc disease of the lumbar spine, but remanded the claim for an increased rating for degenerative disc disease of the lumbar spine.
- Denied
The Veteran's left lower extremity radiculopathy associated with degenerative disc disease of the lumbar spine was rated at 40 percent effective January 29, 2016.,The Veteran's right lower extremity radiculopathy associated with degenerative disc disease of the lumbar spine was granted a 20 percent rating from January 29, 2016 to July 27, 2021 and denied any higher rating thereafter.
- Dismissed
The Board dismissed the Veteran's appeals for increased ratings for his lumbar spine and radiculopathy conditions due to the appellant's withdrawal of the appeal prior to a decision being made.
- Denied
The Veteran's adjustment disorder with mixed anxiety and depressed mood, degenerative disc disease of the lumbar spine with IVDS, left lower extremity radiculopathy, right lower extremity radiculopathy, and left ankle lateral collateral ligament sprain with osteoarthritis have been rated. The 10% rating for degenerative disc disease of the lumbar spine with IVDS has been restored from January 13, 2020.
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