The Board has remanded the Veteran's claims for a thoracolumbar spine examination and clarification regarding when his neurological abnormalities developed during the appeal period. The issues include increased ratings for back disability, right lower extremity sciatic nerve neuropathy, right lower extremity femoral nerve neuropathy, left lower extremity sciatic nerve neuropathy, and left lower extremity femoral nerve neuropathy.
The deciding factor: The Board found that the May 2021 VA examiner's report was inadequate due to lack of information regarding pain during active and passive motion, additional loss in range of motion after repetitive use over time, and severity, frequency, and duration of flare-ups. The Board also noted uncertainty about whether the diagnoses of femoral neuropathy and sciatic neuropathy are attributed to service-connected back disability or nonservice-connected diabetes.
- Claimed conditions
- Degenerative disc disease (DDD), Degenerative joint disease (DJD), Intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 23, 2022
- Citation
- 22017025
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 22017025.
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 Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) is being remanded due to an error in the initial decision process. The AOJ needs to provide notice of his right to a hearing before issuing a final decision.
- Granted
The Veteran's service-connected lumbar spine disability and other disabilities have been granted, including a TDIU based on his inability to secure or follow substantially gainful employment due to these conditions.
- Granted
The Veteran's lumbar disorder, diagnosed as DDD and a lumbosacral strain, has been granted service connection. The Board found that the disability is related to his military service.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
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